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Law (1984:3) Concerning Nuclear Activities

Original Language Title: Lag (1984:3) om kärnteknisk verksamhet

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Introductory provisions



section 1 of this Act concerning nuclear activities, etc.



The activities referred to



1. the construction, ownership or operation of the nuclear facility;



2. the acquisition, possession, transfer, handling, processing, transport

of or any dealings in nuclear material or nuclear waste;



3. the introduction into the realm of nuclear material or nuclear waste, and



4. exit from the realm of nuclear waste. Act (1994:720).



2 for the purposes of this Act, section



1. nuclear facility:



a. plant for the production of nuclear energy

(nuclear reactor),



b. other establishment in which a self-sustaining

nuclear reaction can occur, such as research reactor,



c. establishment of extraction, production, handling,

processing, storage, referred to be permanent

(final storage) or other storage (storage) of nuclear material,

and



d. facility for handling, processing, storage or

the final disposal of nuclear waste,



2. nuclear material:



a. uranium, plutonium or other substance used or can

be used for the production of nuclear energy (nuclear fuel) or

Association in which such substance is included,



b. thorium or other substance which is liable to converted to

nuclear fuel or association in which such substance is included, and



c. spent fuel that has not been placed in the repository,



3. nuclear waste:



a. the spent nuclear fuel that has been placed in the repository,



b. the radioactive substance is formed in a nuclear

facility that has not been made or taken from the

the plant to be used in teaching or

research purposes or for medical, agricultural or

commercial purposes,



c. materials or other items that once belonged to a nuclear

facility and become radioactive polluted and no longer

should be used in such a facility, and



d. radioactive parts of a nuclear facility

decommissioned,



4. permanently banned nuclear reactor: a nuclear reactor

where operations with electricity production has ceased and will not

to resume or a reactor that has not been supplied electricity

to the grid for the last five years,



5. nuclear technical equipment:



a. equipment or material especially designed

or adapted for the processing, use or

production of nuclear material, and



(b) equipment or material that can be used for

the manufacture of nuclear explosive devices. Law (2010:948).



2 a of the Government or the authority, as the Government determines, in

the case of nuclear material or nuclear waste provide for exemptions from this Act

or certain provisions of the Act, to the extent that it can be done without

that the purpose of the law is infringed. Act (1992:1536).



Basic provisions



3 §/expires U:den day Government/

Nuclear activities must be conducted in such a manner that the requirements for

assurance are met and the obligations arising from

Sweden's agreements to prevent the proliferation of nuclear weapons

and mishandling of nuclear material and nuclear waste

spent nuclear fuel.



The Government or the authority that the Government must notify the

provisions necessary to comply with such obligations as

included in the agreements referred to in the first subparagraph.



Provisions on protection against radiation is the radiation Act (1988:220). Team

(1992:1536).



section 3 entry into force date/I:den Government/

Nuclear activities must be conducted in such a way that

security requirements are met and the obligations are met

resulting from Sweden's agreements to prevent

nuclear explosions, nuclear proliferation and unauthorized

position in nuclear materials and nuclear waste

spent nuclear fuel.



The Government or the authority that the Government may

notify the regulations needed to such obligations

must be contained in the agreements referred to in the first

paragraph.



Provisions on protection against radiation is the radiation Act (1988:220).

Act (1998:1706).



section 4 of the security of nuclear activities to be maintained

by the measures that are necessary to



1. prevent failures in equipment and improper functioning of the

equipment, improper actions, sabotage or other

lead to a radiological accident, and



2. prevent unauthorised dealings in nuclear material or nuclear waste.



The Government or the authority that the Government may

announce details relating to the measures referred to in the first

paragraph. Law (2006:339).



Licensing status, etc.



section 5 of the nuclear activities, a permit is required under this

team. Questions about permits are being assessed by the Government or the

the Government authority determines.



Only if it has been approved by the Government or the authority

as the Government may



1. a holder to instruct someone else to take action

as under the present law shall be carried out by the holder of the authorization, and



2. a contractor referred to in 1 to instruct someone else to

take action within its mission.



If an assignment has been approved in accordance with the second subparagraph, shall also

the contractor is considered to be authorization for the purposes of

10 and 17-29 § § with regard to the measures which the authorisation

covers.



The Government or the authority that the Government may

provide for the exclusion or of the case give

exemption from the requirement for approval referred to in the second subparagraph of paragraph 1.

Law (2006:339).



5 a § It is forbidden without special permission of the

the Government or the authority, as the Government determines



1. in Sweden the final or pending final disposal

staging nuclear waste or nuclear material which is not intended

be used again, if the waste or substance originates from a

nuclear plant or other nuclear technology activities in

another country, or



2. overseas end to be nuclear waste or nuclear material do not

is intended to be reused, if the waste or substance

comes from a nuclear plant or other nuclear

operations in Sweden.



The permit requirement referred to in the first subparagraph 2 shall not apply



1. nuclear waste or nuclear material after treatment or

reprocessing in Sweden will be sent for final disposal in the country of

the waste has been raised or substance originates, or



2. such spent fuel from research reactors in

accordance with the relevant international agreement is sent to a

country receiving the fuel for research reactors or

produces such fuel. Law (2014:141).



section 5 (b) in proceedings under this Act, Chapter 2. and

Chapter 5. section 3 of the environmental code, shall apply. The award of permits

to construct, own and operate a new nuclear reactor should

also chapter 17. 6 a of the environmental code, shall apply.



A permit under this Act may not concern shipments of

spent nuclear fuel or nuclear waste to places or countries

as stated in the 20 a of the radiation Act (1988:220).



A State referred to in paragraph 5 (a) 1 may be granted only if the

There are serious reasons and the implementation of the programme

referred to in section 12 is not hampered. A permit under section 5 (a)

the first subparagraph of paragraph 2 may be granted only if it is between Sweden and the

other country, there is an agreement on the disposal, and benefits

with the disposal of the other country from

nuclear safety clearly outweighs the benefits of

final storage in Sweden. Law (2014:141).



5 c § an environmental impact assessment shall be included in an application for

permission to construct, own or operate a nuclear

facility. As regards the procedure for establishing

environmental impact assessment and the requirements of this and plans

and planning terms, Chapter 6. the environmental code.

Law (2014:141).



5 d § Government may provide for what is required

to such an agreement if the disposal referred to in paragraph 5 (b)

the third subparagraph shall be accepted as the basis for a

State. Law (2014:141).



5 e § Government or authority the Government determines

may provide for the establishment of a

environmental impact assessment in other cases if the condition

under this Act other than those referred to in paragraph 5 (c). Law (2014:141).



5 f § Government or authority the Government determines

Announcing the details of the content and

the design of an application for a permit under this Act.

Law (2014:141).



section 6 of the Regulations if that authorization is required for certain

activities and measures, see Chapter 7. 28 a-29 (b) § §

the environmental code. Law (2014:141).



paragraph 7 of An authorisation may be limited to a certain period of time. If

the condition relating to the transport of spent nuclear fuel or

nuclear wastes to or from Sweden, the State does not

apply for longer than three years. Law (2009:328).



Notification obligation



7 a of the operator of a research or

development activities related to processes or systems for

nuclear installations, nuclear materials or nuclear waste, are

obliged to notify the authority that the Government

determines.



The first subparagraph shall not apply to theoretical or basic

research. It does not apply to research and development

pipe



1. industrial uses of radioisotopes;



2. applications in medicine, agriculture, hydrology, or



3. health and environmental effects,



4. improved maintenance.

Act (2000:169).



7 b of the manufactures, assembles, or otherwise

produce nuclear equipment is required to notify

to the authority that the Government determines. Act (2000:169).



7 c § whoever to Sweden for in or from Sweden for out

nuclear equipment is required to notify the

the Government authority determines. Act (2000:169).




7 d § Government or authority the Government determines

may provide for exceptions from the

the notification requirement of 7 a-7 c sections. Act (2000:169).



Permit conditions, etc.



section 8 of the Government or the authority that the Government may

When an authorization or during its period of validity

decide on the conditions that are needed with regard to safety.

Law (2006:339).



8 a of/expires U:den day Government/

The Government may provide that authorisation

to a nuclear activities should unite with the conditions

needed to ensure



1. the responsibilities and obligations of

the nuclear liability Act (1968:45), and



2. the application of the requirements in respect of the supply of

ores, source materials and special fissile materials as follows

the provisions of the Treaty of 25 March 1957

the European Atomic Energy Community.

Law (2010:948).



8 a of/comes into force I:den day Government/

The Government may provide that authorisation

to a nuclear activities should unite with the conditions

needed to ensure



1. the responsibilities and obligations of the law

(2010:950) on liability and compensation in radiological accidents,

and



2. the application of the requirements in respect of the supply of

ores, source materials and special fissile materials as follows

the provisions of the Treaty of 25 March 1957

the European Atomic Energy Community.

Law (2010:973).



section 9 in the case of devices for nuclear activities that is of

importance from a safety point of view, the Government or the authority

the Government provide for testing, inspection, or

inspection. Law (1990:238).



General obligations of licence holders



section 10 of The authorized to nuclear activities should

responding to the measures that are needed for



1. with regard to the nature and the conditions

under which it is carried out security,



2. to securely manage and be in

the business produced nuclear waste or in that has occurred

nuclear material is not being used, and



3. to safely dismantle and demolish facilities in

What activities should not be carried out until all

operations at the plants have ceased and all nuclear material

and nuclear waste is placed in a repository as final

sealed.



Anyone who has permission to nuclear activities, in

connection with the incident, threat, or any other similar

circumstance as soon as possible to the authority referred to in paragraph 16 of the

provide any information relevant to the evaluation

of safety. Law (2010:948).



10 a of The authorized to possess or operate a

nuclear facility shall, at least every ten years make a

overall assessment of the plant's safety and radiation protection.

The assessment shall take account of developments in

Science and technology. It should contain analyses and

qualification reports of



1. the manner in which the plant design, function,

Organization and activities meet the requirements of this Act;

the environmental code and the radiation Act (1988:220) and regulations

and conditions ordered pursuant to these laws, and



2. conditions for those rules and conditions

to be complied with until the next global assessment.



Overall assessment and the measures which this gives rise to

is reported to the authority referred to in section 16.

Law (2010:948).



10 b of the Government or the authority that the Government

Determines if additional regulations shall notify



1. the content of the assessment under section 10 (a), and



2. that an assessment under section 10 (a) for security reasons should be made

more often than every 10 years. Law (2010:948).



10 c § Government or authority Government

determines may provide for exceptions or in the

individual case provide an exemption from the requirements of section 10. Such

exceptions and exemptions may only refer to nuclear

facilities where the risk associated with the plants are

small. Law (2010:948).



section 11 of The authorized to possess or operate a nuclear reactor

shall, in addition to what is said in paragraph 10, responding to the overall

research and development activities are conducted as needed to what

provided for in section 10 (2) and (3) shall be carried out.



section 12 of The authorized to possess or operate a nuclear reactor

shall, in consultation with other reaktorinnehavare establish or cause to be set up

a program for the comprehensive research and development activities and

the other measures listed in section 10 (2) and (3) and section 11. The programme shall

both contain an overview of all the steps that might be necessary,

First, specify the measures intended to be taken within a period of

at least six years. The application shall be sent to the Government every three years

or the authority, as the Government determines to be reviewed and

evaluated. The review and evaluation,

conditions should be set as needed regarding the continuing research and

development activities. Act (1992:1536).



paragraph 13 of The authorised to nuclear activities is

required to



1. responsible for the costs of the measures referred to in

10 to 12 sections, and



2. have an organization for activities with economic,

Administrative and human resources that are sufficient

in order to carry out



a) the measures referred to in paragraphs 10 to 12,



b) measures resulting from conditions or regulations

issued pursuant to this Act, and



c) safeguard measures in the event of malfunctions or

failures in the plant.



As regards the obligation on the licensee to respond to

some costs to the State and ensure the financing

the costs referred to in the first subparagraph contains provisions

of the Act (2006:647) on financial measures for the handling of

residues from nuclear activities. Law (2010:948).



section 14 of the obligations under paragraph 10 of the remains until they have

completed, even if



1. a permit is revoked,



2. a permit expires,



3. the right to operate a nuclear reactor has ceased to

under the repealed Act (1997:1320) of nuclear power

the settlement, or



4. a nuclear reactor is permanently shut down.



Despite the first paragraph, the Government or the authority

the Government waive the obligations under

section 10. Law (2010:948).



Article 14 entry into force date/I:den Government/

An insurance policy that aims to replace the damage to

buildings, structures, systems, components and devices

important to safety in nuclear activities may

have no other benefit than the

authorization for activities under this Act.

Law (2010:973).



Revocation of authorization



section 15 A permit to engage in nuclear activities can

revoked by the person who has notified the State about



1. the conditions or rules laid down on the basis of 8

or paragraph 9 are not complied with in any material respect,



2. as provided for in section 11 or 12 are not observed and the

existence of serious reasons from the point of view of safety,



3. otherwise, the existence of serious reasons from

the point of view of safety, or



4. the obligations referred to in paragraph 13 of the materially breached.

Law (2006:648).



Ban taking a permanently banned nuclear reactor in

commercial operations



15 a of A permanently banned nuclear reactor must not return

put into commercial operation. Law (2010:948).



Supervision



section 16 of the supervision over compliance with this Act and the terms and conditions or

regulations issued under the law, as well as monitoring and

control of the repository is exercised by the Government authority determines.

Act (1992:1536).



section 17 the operator of or have permission to conduct a

nuclear activities, which is obliged under 7

a-7 c sections and the position of equipment covered

the notification obligation provided for in paragraph 7 (c), shall, at the request of

the supervisory authority



1. provide the Agency with the information and provide the

documents needed for supervision, and



2. give the Agency access to the facility or place, where

He conducts business, for examinations and tests,

to the extent necessary for the purposes of supervision.



An obligation under the first subparagraph shall apply to the maximum extent

as provided by the Government or the authority that the Government

also determine the designated as supervisor of that

the obligations imposed by the Swedish

agreements to prevent the spread of nuclear weapons.



The police authority shall provide the assistance needed

supervision. Act (2000:169).



section 18 of the supervisory authority shall decide on the necessary measures and

notify the licensee the injunctions and prohibitions that are needed in

individual cases to this law or regulations or conditions

has been notified by virtue of the law shall be followed.



The supervisory authority may also decide on the execution of sanctions

According to article 83(1) of the Treaty of 25 March 1957 establishing the

The European Atomic Energy Community.



If someone does not take an action incumbent on him under this Act

or according to rules or conditions that have been notified under

the law or according to the injunction, the supervisory authority, the authority may

Let take action at his expense. Law (1995:875).



Public inspection



section 19 of The licence to drive such a nuclear technical plant

referred to in paragraph 2 of the 1 (a) or (b) or a facility for the manufacture,


handling, processing, storage or disposal of nuclear materials or

nuclear waste are required to provide local Security Council, that the Government

determines, transparency of safety and radiation protection work at the facility and in time.

Act (1992:1536).



section 20 of the transparency will make it possible for the Board to obtain information

If the safety and radiation protection work carried out or planned

at a facility referred to in section 19 and assemble the materials to

inform the public about this work.



section 21 of the licensee shall at the request of the Board



1. leave the Board information on available facts and let the Board take

some of the available documents, all to the extent necessary to

Board performance as set out in section 20, and



2. give the Committee access to and display facilities or sites, about

It is needed to Board shall have the meaning of information or

documents disclosed under 1 illuminated and the access is compatible with

the relevant safety regulations.



Liability rules, etc.



section 22 of The who do not comply with the provisions of section 10-12 or under

This law stipulated conditions or rules or who do not

responding to what the regulator has requested or agreed with the aid

by 17 or 18 section of authority presented to the penalty.



section 23 of the decision of the supervisory authority under this Act may be appealed to the

Government by appeal.



Decision of the regulatory authority shall take effect immediately, unless otherwise

is determined.



paragraph 24 of the Decision by a local Security Committee if a request pursuant to paragraph 21 of the

may be appealed to the Administrative Court by appeal.



The appeal document is submitted to the Administrative Court and shall have

been received within three weeks from the date the appellant had part of

the decision. If the document has been received too late to be the Court reject

it. The appeal document, however, should not be rejected if the delay

due to the fact that the Board has given the complainant a faulty

information on how to complain. Nor shall the action

be rejected, if it within the appeal period has been submitted to the Board.

Law (2009:796).



section 25/expires U:den day Government/

To a fine or imprisonment of up to two years is convicted the

wilfully or negligently:



1. conduct nuclear activities without authorization in accordance with paragraph 5 of

the first subparagraph or paragraph 5 (a),



2. overrides his obligation according to § 7A-7 c, §,

or



3. override conditions or regulations issued by

virtue of this Act.



It is otherwise with intent or by gross negligence violates

to 10 paragraph is sentenced to a fine or imprisonment

a maximum of two years.



Liability shall not be sentenced under this section, if the responsibility for

the Act can be sentenced under section 40 of the nuclear liability Act

(1968:45). Law (2010:948).



the entry into force of section 25/I:den day Government/

To a fine or imprisonment of up to two years is convicted the

wilfully or negligently:



1. conduct nuclear activities without authorization in accordance with paragraph 5 of

the first subparagraph or paragraph 5 (a),



2. overrides his obligation according to § 7A-7 c, §,

or



3. override conditions or regulations issued by

virtue of this Act.



It is otherwise with intent or by gross negligence violates

to 10 paragraph is sentenced to a fine or imprisonment

a maximum of two years.



Liability shall not be sentenced under this section, if the responsibility for

the Act can be sentenced according to the law, section 57 (2010:950) liability

and compensation in the event of a radiological accident. Law (2010:973).



25 a of the has anyone wilfully committed crimes under section 25 and is the crime of

considered as a felony shall be sentenced to imprisonment of not less than six months and

a maximum of four years.



In assessing whether the offence is aggravated, special consideration shall be given if the

intended for a business, a substance or a product of especially dangerous kind

or if the act otherwise was of particularly serious nature. Team

(1992:1536).



section 26 of the nuclear material or nuclear waste as someone without permission according to § 5

acquired, in nehaft, sold, handled, processed, transported

or otherwise taken the position with can be explained entirely or partly

forfeited, unless it is clear obilligt. He no longer holds

the substance, rather than the value declared forfeited.



section 27 of The which do not fulfill what regulatory authority requests or

Decides, pursuant to section 17 or 18 or whatever the local

the Safety Board requests under section 21 or who willfully

or recklessly leaving the agency or Board

a false declaration, shall be liable to a fine or imprisonment of up to

six months. Law (2009:328).



27 a of the fined person who with intent or by gross

negligence in breach of Council Regulation (Euratom) no

2587/1999 of 2 december 1999 on the investment project

which shall be notified to the Commission in accordance with article 41 of the

the Treaty establishing the European Atomic Energy Community

by not notifying the Commission of investment projects

as is apparent from article 1.1 or 1.2 or by

to submit incorrect or incomplete information at

tasks. Law (2009:328).



27 b of a fine person who with intent or by gross

negligence in breach of Commission Regulation (Euratom) no

302/2005 of 8 February 2005 on the implementation of the Euratom

nuclear safeguards by



1. construct or operate a nuclear facility without

fulfilling its obligation to



a) account for a basic technical description of the

the plant and any ore mining in the activities referred to in

It provided for in articles 3, 4 and 24 (1),



b) Please provide information on the operational programmes as

subject to articles 5 and 24(1),



c) follow the special control arrangements which the Commission

have decided, in accordance with article 6(1) and (2),



d) maintain a system of accounting and control

nuclear material or give the Commission or Commission

inspectors access to documentation and operations reports

According to the provisions of articles 7 and 9, article 24(2) and 30(2),



e) leave the posting reports as follows by

articles 10, 25, and 30 (2)



f) broadcast reports about inventory changes according to what the

subject to articles 12, 25 and 30(2) or in such a report

reporting nuclear transformations under article 16

or identify nuclear material referred to in article 17,



g) send material balance reports and lists of

physical inventory according to the provisions of articles 13,

25 and 30(2) or in such a report or list

identify nuclear material referred to in article 17,



h) provide special reports in accordance with the arising of

articles 14, 15, 22 and 25;



in) for a deferred the reporting requirements provide

reports under article 19(3) or 19(4)

or submit a request under article 19(5),



j) submit prior notification according to the resulting from

articles 20, 21 or 31 or in such notification

identify nuclear material referred to in article 17,



k) leave message if modified date in accordance with article 23, or



l) submit annual reports concerning the waste referred to in what follows by

Article 32,



2. provide false or incomplete information to the

the Commission in the notice referred to in paragraph 1,



3. transport or temporarily store nuclear material without

fulfilling its obligation to document this article

26, or



4. in its capacity as intermediary failing to preserve

documentation for the supply of nuclear material, as referred to in article 28.

Law (2009:328).



section 28 of the person who has infringed a penalty procedure or violated a

injunction is sentenced is not liable under this Act to act as

covered by the injunction or prohibition. Act (1992:1536).



section 29 To responsibility under this law are judged not on the deed is made. To

responsibility is convicted on harsher penalties for the offence may be sentenced

under the criminal code or the responsibility can be sentenced under the Act (2000:1225)

If the penalty for smuggling. Act (2000:1240).



Fees



section 30 of the Government or the authority that the Government may announce

regulations on fees for regulatory activities under this Act. Team

(1990:238).



Transitional provisions



1984:3



1. this law shall enter into force on 1 February 1984.



2. this law repeals Act (1956:306) if the right to extract

Atomic Energy, m. m. (Atomic Energy Act), Act (1977:140) if special permission

to supply nuclear reactor fuel, m. m., law (1979:335) if bans

against that, during a certain period of time provide nuclear reactors nuclear fuel and the law

(1980:1123) on government transparency in safety work at nuclear power plants.



The provisions of paragraph 4 of the law on special permission to bring

nuclear reactor nuclear fuel, m. m. and section 2 of the Act on the prohibition of the under

some time adding nuclear reactors nuclear fuel shall still apply

next to the end of 1989.



3. the Present law or regulation a reference to Regulation

that has been replaced by the provision of this Act apply instead the

new provision.



4. permits and the conditions and regulations that have been issued with the support of

Atomic Energy Act shall be deemed to have been granted in accordance with the corresponding provision

in the new law. Act (1992:1536)



5. In case or cases that have been filed prior to the entry into force of

This law applies older provisions. Application for a permit under

the law on special permit to supply nuclear reactor fuel,

accommodation, which has been filed but not decided before the new law's

entry into force, shall be tested according to the new law.



6. the provisions of section 11 as regards the requirement for versatility in research

and development activities and in section 12 shall not apply to holders of such


condition prior to its entry into force have been limited to

period of time as long as the restriction applies. The licensee may, however, in

the period of validity of the authorization of the Government or the authority

the Government report that he undertakes to fulfil what

provided for in section 12. This provision applies in this case from the day

for notification.



1992:1536



This law shall enter into force on 1 January 1993.



It has authorized the possession or operation of nuclear

facility before entry into force instructed the other to respond to the operation

or part of the operation, the approval referred to in paragraph 5 shall be deemed to

exist.



1998:827



1. this law shall enter into force on 1 January 1999.



2. A case for authorization shall be dealt with and be assessed under

older provisions, if the case is initiated before this law

date of entry into force. The provisions on environmental quality standards in the

Environment Act shall be applied immediately.