Decree No. 213 / 2010 Coll.
Decree on the registration and control of nuclear materials and the notification of data required by European Communities
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Order
Effective from 01.08.2010
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01.08.2010
30.06.2010
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213
DECLARATION
of 17 June 2010
on the registration and control of nuclear materials and the notification of data required by European Community provisions
According to § 47 (7) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the amendment and addition of certain laws, as amended by Act No. 13 / 2002 Coll. and Act No. 253 / 2005 Coll., for the implementation of § 3 (2) (n), § 4 (16) and (17), § 18 (1) (b) and (p) of the Atomic Act:
INTRODUCTORY PROVISIONS
Subject matter
This decree regulates
(a) following the directly applicable regulation of the European Communities in the field of the application of the safety oversight of Euratom1 (hereinafter referred to as "Commission Regulation (Euratom) No 302 / 2005"), the requirements for the keeping of records and the way in which nuclear material control is carried out, the range of data on uranium and thorium ore mining or processing and the manner in which and the form in which those data are kept;
(b) the scope and manner of notification of the management of selected items (2), the conduct of research and development activities relating to the nuclear fuel cycle and other data required by European Communities1), 3).
Definitions of terms
For the purposes of this decree:
(a) by changing the inventory of increases or reductions in the registration status of the quantity of nuclear material, including changes in their category4) in a specified material balance area;
(b) by book inventory, an overview of the quantities of individual doses of nuclear materials located with the holder of the authorisation and including the sum of the weights of such materials by category, which have been established according to the registration documents at a given date;
(c) non-measurable operating losses incurred in operation, in particular by dissolution, evaporation, rounding, imperfections of analytical methods or unauthorised removal; These losses are detected when a physical inventory of 5) nuclear materials is carried out and result in unaccounted material6),
(d) measurable operational losses of losses which constitute measured waste of nuclear material which, for the holder of the authorisation, is completely unusable for its characteristics, in particular with regard to economic costs, and the material is usually technologically recovered without the use of the ore processing technology; These losses include, in particular, gizzards and splinters mixed with other metals during joint machining, slag, pastries on crucibles, unprocessed and highly active solutions and analytical residues,
(e) a natural person designated by the authorisation holder to ensure compliance with the requirements of Section 4,
(f) by the holder of an authorisation, a natural or legal person who handles nuclear materials on the basis of an authorisation under Paragraph 9 (1) (l) of the Atomic Act.
REQUIREMENTS FOR VERIFICATION AND CONTROL METHOD OF NUCLEAR MATERIALS
Registration system
(1) Authorisation holders shall keep records of nuclear materials and carry out checks on nuclear materials in the establishments referred to in the first subparagraph of Article 3 (1) of Commission Regulation (Euratom) No 302 / 2005.
(2) The accounting system7) includes:
(a) evidence8) and operational records 9);
(b) accounting reports 10),
(c) special reports 11),
(d) the notification sent in advance (12);
(e) a list of operational losses, retained and treated waste (13);
(f) a list of nuclear material for which the European Commission (hereinafter the Commission) has provided written exceptions (14) from the rules governing the form and frequency of notifications;
(g) basic technical characteristics 15) including their situation drawings,
(h) actions16).
(3) The authorisation holder shall send the documentation referred to in paragraph 2 to the Commission and to the Office for Nuclear Safety, hereinafter referred to as "the Authority ', a copy of the documentation received from the Commission, to the Office.
(4) The authorisation holder shall keep records and check nuclear materials in accordance with the written directive. The holder of the authorisation shall delegate to the Office a copy of the written mandate to the Head of the Nuclear Material Registry and carry out the check.
Head of Nuclear Material Records
Head of Nuclear Material Records
(a) participate in the preparation and planning of all activities of the authorisation holder related to the management of nuclear materials;
(b) process and update the Nuclear Material Registration and Control Directive and monitor compliance with it;
(c) carry out periodic checks on the compliance of the physical state of nuclear materials with operational records (9), checks on the seals of the Office, the Commission and the International Atomic Energy Agency (hereinafter referred to as "the Agency") and other inspection technical installations and records on such inspections;
(d) be responsible for the keeping of records (8) and operational records (9), processing the documentary inventory (17) of nuclear materials using form 4, the model of which is set out in Annex 1 to this Regulation, and propose measures to ensure correct registration and safe storage of nuclear materials in order to ensure that they are protected against disposal;
(e) conduct a book inventory of nuclear materials using form 5, a model of which is given in Annex 1 to this Decree;
(f) physical checks and records each receipt and dispatch of nuclear materials;
(g) organise the physical inventory of 5) nuclear materials;
(h) compiles accounting reports (10) on the movement of nuclear materials;
(i) accompany inspectors of the Office, the Commission and the Agency during the inspection;
(j) keep the documents of the Office, the Commission and the Agency relating to the registration of nuclear materials with the authorisation holder for at least five years;
(k) approve the way in which nuclear materials are stored, recorded and controlled at separate sites.
Directive on the Registration and Control of Nuclear Materials
The registration and control of nuclear materials shall be carried out under the Nuclear Material Registration and Control Directive. The Directive on the Registration and Control of Nuclear Materials contains:
(a) details of the placement of nuclear materials with the authorisation holder;
(b) the extent of the powers and responsibilities of the Head of Nuclear Material Records and the nominal identification of the responsibilities of other personnel entrusted to each nuclear material registry site;
(c) the arrangements and dates for the transmission of information to the Head of Nuclear Material Records concerning the use and consumption of nuclear materials at individual sites, the movement of nuclear materials between the workplace, the reception and dispatch of nuclear materials;
(d) the way in which operating records are maintained (9) for all workplaces where nuclear materials are used, stored or consumed;
(e) method of keeping records (8);
(f) the method and measurement procedures for determining the amount of nuclear materials received, produced, shipped, consumed, including the measured operating losses, or in the inventory contained;
(g) the use of instruments and equipment corresponding to their accuracy to the present standard, in the course of measurements carried out;
(h) the method of assessing the accuracy of measurements and estimating the measurement errors;
(i) method and frequency of calibration of measuring instruments, determination of tank volumes and sampling methods;
(j) procedures for assessing differences between the measurement of the consignor and the consignee;
(k) procedures for transferring measured operational losses of nuclear materials to waste that ensure their non-recovery;
(l) the procedures of staff responsible for recording the handling of nuclear materials during inspections by the Office, the Commission and the Agency;
(m) staff procedures in the event of an event affecting damage, theft or loss of nuclear materials, breach of the integrity or functionality of the inspection facilities of the Office, the Commission and the Agency;
(n) the procedure for evaluating the non-accounted material6).
Registration and operational records
(1) The authorisation holder records the data in the records referred to in Article 9 of Commission Regulation (Euratom) No 302 / 2005 according to the operating records or accompanying documents.
(2) Operating records
(a) are conducted directly at the workplaces where nuclear materials are used, stored or consumed;
(b) include the date and signature of the Head of Nuclear Material Records or of his / her representative who has made the alert and, in the case of inventory changes leading to the termination of the Nuclear Material Records, the signatures of 2 responsible personnel, including the signature of the Nuclear Material Records Manager. The manager of the register may entrust another natural person in writing with the management of operational records at a separate place of business.
Basic technical characteristics
The authorisation holder shall send to the Office a copy of the basic technical characteristics which it processes and sends to the Commission in accordance with Article 3 of Commission Regulation (Euratom) No 302 / 2005.
Programme of activities
The authorisation holder shall send to the Office a copy of the activity programme (16), which shall notify the Commission in accordance with Article 5 of Commission Regulation (Euratom) No 302 / 2005. If the holder of the authorisation intends to consume nuclear materials in non-nuclear activities such as the production of alloys, ceramics, the colouring of the glass strain, he shall send to the Office information containing an estimate of the planned consumption for the coming calendar year, which he shall specify during the year in accordance with Article 11 (1).
Registration reports
(1) The accounting reports are:
(a) an inventory change report (18);
(b) the inventory of physical inventory19),
(c) material balance report 19).
(2) The authorisation holder shall send the Office a copy of the registration report, which he shall send to the Commission in electronic form in accordance with the models set out in Annexes III, IV and V to Commission Regulation (Euratom) No 302 / 2005, at the dates specified by Commission Regulation (Euratom) No 302 / 2005. In addition, the authorisation holder shall send to the Office a copy of the computerised record of the registration reports or of the registration reports on forms 1, 2 and 3, the model of which is set out in Annex 1 to this Regulation, bearing the signature of the Head of Nuclear Material Registration, and communication with the Commission concerning the registration reports.
(3) The report on the inventory change (18), using form 1, the model of which appears in Annex 1 to this Regulation, shall be drawn up by the holder of the authorisation:
(a) sending nuclear material (hereinafter referred to as "sender") in transfers of nuclear materials to the Czech Republic in 5 copies, of which 1 is sent to the Office, 3 to the holder of a permit which receives nuclear material (hereinafter referred to as "recipient") and 1 to be retained. The consignee shall verify the data provided by the sender and, after completing the inventory change form, send the copy back to the sender, send 1 to the Office and retain 1. In the event that the beneficiary finds, on the basis of the measurement carried out, a difference in the weight of the element or fissile isotope of the received nuclear material, it shall notify the Authority of this fact by an inventory change report,
(b) for international transfers of nuclear materials, if the consignor, in two copies, one of which shall be sent to the Office and the other retained. At the same time, the sender shall affix each shipment of nuclear material with an accompanying document in the form of an export and import notification, using form 6, the specimen of which appears in Annex 1 to this Order, and of which 2 copies are sent at the same time as the shipment, 2 copies are sent to the Office and shall retain 1. In the event that the beneficiary finds, on the basis of the measurement carried out, a difference in the weight of the element or fissile isotope of the received nuclear material, it shall notify the Authority of this fact by an inventory change report,
(c) in the event of changes in the inventory of nuclear materials other than the transfers referred to in (a) and (b) in two copies, one of which shall be sent to the Office and the other retained.
Inventory change report 18) shall be sent to the Office no later than 5 days after the amendment has been made.
(4) The physical inventory inventory (19) shall be sent by the holder of the authorisation to the Office using Form 2, a model of which is set out in Annex 1 to this Regulation, within 10 days of the date on which the physical inventory was carried out (5) of nuclear materials.
Special Report
(1) Where the circumstances referred to in Article 15 or 22 of Commission Regulation (Euratom) No 302 / 2005 arise, the authorisation holder shall immediately send a special report to the Commission pursuant to Article 14 of Commission Regulation (Euratom) No 302 / 2005 also to the Office.
(2) The authorisation holder shall inform the Commission and the Authority without delay of any breach of the seal and of any breach of the functionality or prescribed conditions to ensure the functioning of the Commission, the Agency or the Office's nuclear material facilities.
Prior notification
(1) If the holder of the authorisation intends to consume nuclear materials in non-nuclear activities in such a way that they cannot be recovered, he shall send information to the Commission and the Office at least 2 months before the start of the activity. The exercise of the activities referred to in the first sentence shall not commence until the authorisation holder has received the conditions of the Commission's records of consumption. The provision does not apply to the consumption of nuclear materials in nuclear fission reactors.
(2) Where the authorisation holder plans to carry out activities in which the seals of the Commission, the Agency or the joint seals of the Commission and the Agency are violated, he shall immediately inform the Commission and the Office of such activities. In the case of planned activities in which the seals of the Office are breached, the authorisation holder shall only inform the Office.
(3) If the authorisation holder intends to import nuclear materials, he shall notify the Authority of this fact using form 7, a model of which is set out in Annex 1 to this Decree.
Operating losses, retained and treated waste
(1) The procedures for keeping records of nuclear materials are laid down for holders of authorisations for which no measurable or measurable operating losses arise in accordance with Article 6 of Commission Regulation (Euratom) No 302 / 2005.
(2) From the point of view of the record keeping of nuclear materials, measurable operating losses are determined on the basis of chemical analysis, calculation or estimation based on measurement. It cannot be calculated from the material balance as the difference between the weight of the material entering the process and the weight of the product. The results of analyses and measurements are part of the operating records 9).
(3) The nuclear material from measurable operational losses is administratively removed from the normal registration of nuclear materials as retained waste (13) and its quantity is deducted from the physical inventory inventory (19). It shall continue to be subject to control by the Commission, the Agency and the Office. If the holder of the authorisation intends to make an adjustment to nuclear material, which is conducted as retained waste, by concreting it into glass, cement or asphalt, he shall first return the nuclear material to the normal inventory of nuclear materials after the Commission has agreed to that modification (18) and, after the adjustment, he shall administrative remove it from the normal register as modified waste (13). The holder of the authorisation shall send a copy of the modification made, which shall be part of the operational record (9), together with the inventory change report (18).
(4) Separate records shall be kept for nuclear material identified as retained or treated waste. Article 30 of Commission Regulation (Euratom) No 302 / 2005 provides for the keeping of records.
(5) The authorisation holder shall send to the Authority information on the further processing of medium or highly radioactive waste containing plutonium, highly enriched uranium or uranium-233 which has been transferred to the category of retained or treated waste (13) pursuant to Article 31 of Commission Regulation (Euratom) No 302 / 2005, at least 220 days before its further processing. This measure shall not include changes to packaging or other treatment of waste, except for the separation of elements.
(6) The authorisation holder of the Authority notifies transfers of conditioned waste (13) in accordance with Article 32 of Commission Regulation (Euratom) No 302 / 2005 until 31 January for the previous calendar year.
Exceptions
(1) The Commission may grant the authorisation holder a written derogation from the rules governing the form and frequency of transmission of the registration and special reports (10), (11) pursuant to Article 19 of Commission Regulation (Euratom) No 302 / 2005. The authorisation holder shall inform the Authority of the granting of the exemption.
(2) Nuclear material for which a derogation has been granted pursuant to paragraph 1 remains under the control of the Commission, the Agency and the Office. Article 19 of Commission Regulation (Euratom) No 302 / 2005 provides for a system for the record keeping of nuclear material for which a derogation has been granted under paragraph 1. In addition, the holder of an exemption shall:
(a) to register this nuclear material within a separate material balance area;
(b) send an inventory change report (18) to the Office in the case of the dispatch and reception of this nuclear material within a single material balance area;
(c) to process for this nuclear material a separate inventory of physical inventor19) and document inventor17).
SURVEILLANCE OF DATA ON THE LIKE OF Uranium and Thorium ores AND METHOD AND FORM OF THIS DATA
(1) A natural or legal person intending to mine uranium or thorium ores on the territory of the Czech Republic shall, at least 2 months prior to the start of mining or processing of ore, notify the Office of the identification data pursuant to § 13 (1) (a) of the Atomic Act, the location of uranium and thorium mines, the treatment of uranium ores and plants for the manufacture of thorium concentrate, their estimated annual capacity and information on the state of operation.
(2) A natural or legal person extracting uranium or thorium ores on the territory of the Czech Republic shall process and dispatch to the Commission the documentation referred to in Article 24 of Commission Regulation (Euratom) No 302 / 2005 and send a copy thereof to the Office.
(3) The data on the export or dispatch of ore referred to in Article 25 of Commission Regulation (Euratom) No 302 / 2005 and inventory change reports 18) shall be sent to the Commission and the Office.
SCOPE AND METHOD OF NOTIFICATION OF THE ACTIVITIES SPECIFICATED BY THE EUROPEAN COMMUNITIES
Location description
(1) The locality referred to in Article 2 (21) of Commission Regulation (Euratom) No 302 / 2005 and Article 18 (b) of the Regulation of the European Communities (3) shall be determined by the Office in cooperation with the Commission. Any natural or legal person operating activities within a designated locality shall designate a localrepresentative for that locality in cooperation with the Authority 20). Within 30 days of its appointment, the representative of the site shall provide the Office with a general description of each construction within the site, including its designation and equipment. The description shall include a schematic diagram of the location.
(2) The update of the data for the previous calendar year submitted pursuant to paragraph 1 shall be submitted by a representative of the local20) to the Authority by 15 February of the current year.
Means of notification of data on research and development activities provided for by European Community regulations
(1) A natural or legal person carrying out research or development activities related to the nuclear fuel cycle referred to in Article 2 a. (i) or in accordance with Article 2 (b) (i) of the Regulation of the European Communities (3), the Office shall notify the identification data referred to in Article 13 (1) (a) of the Atomic Act, the location and extent of the activities carried out at least 2 months before the start of these activities.
(2) A natural or legal person carrying out activities relating to the development of a nuclear fuel cycle as referred to in Article 2 a. (x) Regulation of the European Communities3), presents to the Office their 10-year plan at the start of these activities.
(3) The update of the data for the preceding calendar year submitted pursuant to paragraphs 1 and 2 shall be submitted to the Office by 15 February of the current year.
Export and import of selected items
Natural or legal person who:
(a) intends to import the selected items (2), notify the Office of this fact by means of form 8, a specimen of which is given in Annex 1 to this decree,
(b) export or import selected items (2), notify the Office of the completion of their export or import within 5 days of each delivery.
Scope of the data on the activities laid down in the Regulation of the European Communities and the manner and form of their transmission
(1) A natural or legal person carrying out the activities referred to in Article 2 a. (iv) Regulation of the European Community3), shall notify the Authority at least 2 months before the start of these activities of the identification data referred to in Paragraph 13 (1) (a) of the Atomic Act, the location and extent of the activities carried out. The list of activities referred to in the first sentence is set out in Annex 2 to this Decree.
(2) The update of the data for the previous calendar year submitted pursuant to paragraph 1 shall be submitted to the Office by 15 February of the current year.
PROVISIONS COMMON AND FINAL
Preservation of documents
The documents referred to in Articles 3 (2) and 14 to 18 shall be kept for at least 5 years from their origin.
Electronic communication
The notification of data under this Authority decree may also be made through data boxes operated under a special legislature21).
Repeal
The following shall be deleted:
1. Decree No. 145 / 1997 Coll., on the Registration and Control of Nuclear Materials and on its Closer Definition.
2. Decree No. 316 / 2002 Coll., amending Decree No. 145 / 1997 Coll., on the Registration and Control of Nuclear Materials and on their Closer Definition.
Efficacy
This Decree shall take effect on 1 August 2010.
President:
Ing. Drábová v. r.
Příloha č. 1
Annex No 1 to Decree No. 213 / 2010 Coll.
Form models
Form 1
REPORT ON THE CHANGE OF INVENTURE
Form 2
LIST OF PHYSICAL INVENTORY
Form 3
Material BILANCES REPORT
Form 4
DOCUMENT INVENTURE
Form 5
MOST INVENTORY
Form 6
NOTIFICATION OF IMPORTS - EXPORT
Form 7
Declaration on the import of nuclear materials
Form 8
Declaration on import of selected items
Příloha č. 2
Annex No. 2 to Decree No. 213 / 2010 Coll.
List of activities subject to notification by the Office under Section 18 of this Order:
(I) Manufacture of centrifuge rotor cylinders or gas centrifuge assemblies
Rotor cylinders of centrifuge mean thin-wall cylinders as described in paragraph 5.1.1.1. of another legislation22).
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Regulation Information
| Citation | Decree No. 213 / 2010 Coll., on the Registration and Control of Nuclear Materials and the notification of data required by European Communities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2010 |
|---|---|
| Effective from | 01.08.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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