Decree No. 28 / 1977 Coll.
Decree of the Czechoslovak Atomic Energy Commission on the Registration and Control of Nuclear Materials
Valid
Effective from 01.06.1977
28
DECLARATION
Czechoslovak Atomic Energy Commission
of 12 April 1977
on the registration and control of nuclear materials
In agreement with the Federal Ministry of Fuel and Energy, the Czechoslovak Atomic Energy Commission provides, pursuant to § 54 (3) (c) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries:
Purpose of the Order
(1) The purpose of this decree is to legally regulate the registration and control of nuclear materials in the Czechoslovak Socialist Republic and to ensure compliance with the obligations arising from the Agreement between the Government of the Czechoslovak Socialist Republic and the International Atomic Energy Agency ("the Agency") on the application of safeguards under the Nuclear Non-Proliferation Treaty ("the Agreement").
(2) The purpose of the registration and control of nuclear materials is to prevent their unauthorised use for purposes other than those for which they are intended, to detect their losses in time, if any, and to assist in their recovery to the original purpose.
Scope
This decree applies to all the nuclear materials referred to in Section 3, used in all peaceful nuclear activities in the territory of the Czechoslovak Socialist Republic, under its jurisdiction or in any activity carried out under the control of its institutions; does not apply to nuclear materials which are the property of a foreign state and are transported through the territory of the Czechoslovak Socialist Republic.
Basic concepts
(1) For the purposes of this decree, nuclear materials shall be regarded as:
(a) source materials: natural uranium, depleted uranium, thorium and their compounds, which are either in physical and chemical form required for the isotopic separation process or for the production of fuel cells, or are not processed into that form, but are exported from the Czechoslovak Socialist Republic to non-nuclear weapons states (1) or imported into the Czechoslovak Socialist Republic;
(b) special fissile materials: Pu239, U233, uranium enriched in U235 or U233 and materials containing one or more of the above isotopes.
(2) Nuclear materials for the purposes of this Decree are not materials during the extraction and processing of uranium and thorium ore.
(4) The documentary inventory of nuclear materials shall be the recording status of the quantities of such materials established by the registration documents at a given date; shall be determined as the algebraic sum of the result of the last physical inventory and of all additions and losses that, according to the records, have occurred since that last physical inventory.
State supervision of the registration and control of nuclear materials
(1) State supervision of the registration and control of nuclear materials is carried out by the Czechoslovak Atomic Energy Commission (hereinafter referred to as the "Commission") by its inspectors.
(2) The Commission inspector is entitled to enter all premises of the organisation related to the production, use and storage of nuclear materials, to consult all registration documents, to require the information he needs to perform his duties and to carry out physical checks on nuclear materials.
(3) If the Commission inspector finds that nuclear materials are not used in accordance with their designation or that they are not registered and controlled in accordance with the provisions of Sections 5 and 6, he may request the head of the organisation to remove the defects identified immediately.
(4) The Commission inspector shall draw up a record of the outcome of the inspection and forward it to the Chairman of the Commission, who shall inform the head of the organisation of the outcome of the inspection within 14 days of the date of its implementation.
Registration and control of nuclear materials in organisations
(1) The head of the organisation in which nuclear materials are present is responsible for their use, for keeping records, for controlling them and for protecting them physically.
(2) In the event of loss or theft of nuclear materials, the Head of Organisation shall inform the relevant Public Security Department without delay.
(3) The Head of Organisation shall, in agreement with the Commission, establish a written order for the registration and control of nuclear materials in the organisation; it is governed by the provisions of Section 6.
(4) The head of the organisation in which nuclear materials are located shall entrust the management of their records and controls to a qualified staff member (hereinafter referred to as "Head of Nuclear Material Records") and shall notify its name and the name of its representative to the Commission.
(5) An organisation which has not yet used nuclear materials subject to registration and control under this Decree is required to discuss with the Commission the method of their use, registration and control before ordering them. The Commission shall then issue a nuclear material authorisation.
(6) The organisations in which nuclear materials are present and the State Organisation of Foreign Trade may not supply such materials to an organisation which is not authorised by the Commission pursuant to paragraph 5.
(7) When transferring nuclear materials between organisations, the sending organisation shall send the receiving organisation a registration document containing information on their quantity and type.
Nuclear material registration system in the organisation
(1) The organisation is required to keep records and records of nuclear materials. Data in the records shall be entered exclusively according to the operating records or original documents (certificates). Operating records shall be kept directly at the sites where nuclear materials are produced, used or stored.
(2) The records shall include:
(a) data on increments and losses so that a documentary inventory of nuclear materials can be carried out at any time in the organisation and at its individual sites;
(b) all measurement results used to determine the physical inventory;
(c) any adjustments and corrections made in respect of increases and losses, as well as documentary and physical inventory;
(d) further information in accordance with the requirements of the Panel established on the basis of the Additional Arrangements to the Agreement.
(3) Operating records shall include:
(a) data on operational data used in the organisation to capture changes in inventory quantities and composition of nuclear materials;
(b) the data obtained from calibration of the measuring instruments and tanks and the sampling and analysis data;
(c) a description of the activities carried out in the preparation and execution of the physical inventory and to ensure its correctness and completeness;
(d) a description of the measurement quality and estimation of random and systematic errors;
(e) a description of the measures taken to determine the cause and size of any loss not measured as a result of the accident or for other reasons.
Obligations of the Head of Nuclear Material Registration
Head of Nuclear Material Records
(a) keeps records of nuclear materials in accordance with Article 6 and is responsible for their safe storage;
(b) check compliance with the rules on registration, control and physical protection of nuclear materials in the organisation;
(c) keep the documents of the Commission and the Agency relating to the registration of nuclear materials in the organisation;
(d) carry out periodic checks on the consent of the physical state of nuclear materials to the operational records and on the seal checks of the Commission and the Agency and other inspection technical equipment, making such checks available to the head of the organisation;
(e) organise physical inventory of nuclear materials;
(f) accompany Commission and Agency inspectors during inspection;
(g) is obliged to inform the head of the organisation without delay if the deficiencies in compliance with the rules on the registration and control of nuclear materials are detected;
(h) physically checks each supply of nuclear materials to and from the organisation.
Physical inventory of nuclear materials
(1) Organisations shall carry out a physical inventory of nuclear materials in the periods established by the Panel under the Additional Arrangements to the Agreement, consisting of identifying their individual items and measuring them.
(2) The Commission shall determine how physical inventory and measurement methodology are to be carried out on a proposal from the Head of Organisation; the most accurate available instruments and equipment shall be used.
(3) Identification and measurement shall be carried out for all nuclear material items unless they are fitted with Agency seals.
(4) The organisation shall notify the Commission of the physical inventory period at least 6 weeks before its launch.
Registration reports, special reports, prior notifications
(1) The organisation is required to report to the Commission on a case-by-case basis, special reports and pre-notification of nuclear materials.
(2) The accounting reports indicate changes in the accounting status of the quantities of nuclear materials, recorded according to the records at a given date, the inventory of physical inventory and the material balance. The content and form of the registration reports shall be determined by the Panel in accordance with the Additional Arrangements to the Agreement. The organisation shall submit them to the Commission no later than five days after each change in the registration status of the quantities of nuclear materials or ten days after the completion of the physical inventory.
(3) The organisation shall report to the Commission on a specific basis:
(a) any accident involving the loss of nuclear materials, the integrity of an item containing nuclear materials, or the physical protection of the materials, shall be infringed. It shall send this special report to the Commission no later than 24 hours after it becomes aware of such an accident or of the possibility of its occurrence,
(b) inform in particular the causes of the accident or event referred to in point (a) of this paragraph in detail of their extent in relation to nuclear materials and propose measures to prevent the recurrence of such an accident. It shall send this special report without delay and no later than 14 days after it becomes aware of such an accident or its possibility of occurrence,
(c) infringement of the equipment of the Commission or the Agency which controls nuclear materials. The organisation shall inform the Commission thereof without delay.
(4) The organisation will send a prior notification to the Commission
(a) to consume or dilute nuclear materials in such a way that they are unrecoverable; the notification shall be sent to the Commission at least six weeks before the start of the operations. The provision does not apply to the consumption of nuclear materials in nuclear fission reactors.
The prior notification shall include:
1. name of organisation;
2. the designation, quantity and composition of nuclear materials to be diluted or consumed;
3. the start of operations;
4. a brief description of the operations and their purpose;
(b) plan to carry out operations in which the seals of the Commission or the Agency are violated or if they are infringed by an emergency. The organisation shall inform the Commission of such plan or event without delay.
(5) In order to initiate the operation referred to in Article 9 (4) (a), the organisation shall seek the approval of the Commission.
Nuclear plant design data 2)
The organisation shall submit to the Commission data on the design or changes to the design of nuclear installations in which nuclear materials are produced, used or stored, to the extent necessary to assess the technical possibilities for recording and controlling nuclear materials and within the time limits set by the specific regulation.
International transfers of nuclear materials
(1) Where a State organisation of foreign trade exports or imports a shipment of nuclear materials which exceeds 1 effective kilogram) or is to export or import several separate consignments over a period of 3 months, the total quantity of which exceeds 1 effective kilogram, it is required to send a prior notification of the transfer of nuclear materials to the Commission no later than 6 weeks before the acceptance or dispatch of the first shipment. This notification shall include:
(a) the name and address of the sending and receiving organisations;
(b) data on the quantity and composition of nuclear materials;
(c) the time and place where the consignment will be closed or opened;
(d) the time of dispatch or reception of the consignment;
(e) the name of the sending or receiving State and the place where the Czechoslovak Socialist Republic assumes responsibility for nuclear materials or transfers responsibility to the acquiring State.
(2) Where a State organisation of foreign trade exports nuclear materials to a State in which it is not subject to the guarantees of the Agency, it shall ensure in the contract that the competent authority of the beneficiary State sends the Agency within 3 months of taking responsibility for nuclear materials from the Czechoslovak Socialist Republic, confirmation that such transfer has been carried out. The State Organisation of Foreign Trade shall inform the Commission thereof.
Archiving of records and operational records and original documents
The organisation shall keep records and operational records and original documents on the registration and control of nuclear materials for at least 5 years.
Analysis of nuclear materials
The Commission's nuclear material analyses are carried out by the Central Control Laboratory at the Institute of Nuclear Research in Řež.
Inspection by the Agency
(1) The Agency shall carry out inspections by its own inspectors under the Nuclear Non-Proliferation Treaty and the Agreement. The obligations and rights of inspectors shall be laid down in the Agreement.
(2) The scope and frequency of inspections are laid down in additional arrangements to the Agreement.
(3) The organisation in which the inspection referred to in paragraph 1 is to be carried out shall be obliged to grant timely authorisation to the inspectors of the Agency, approved by the Government of the Czechoslovak Socialist Republic, to enter the premises in which the inspection will be carried out.
Obligations of the organisation for Commission and Agency inspections
(1) The organisation is required to ensure that, during the inspection of the Commission and the Agency, its personnel responsible for handling nuclear material and for managing the registration of nuclear material in the organisation or its representative are present.
(2) The organisation is required to ensure that measuring equipment, means of handling nuclear materials and energy supply for control equipment are available, as instructed by the Commission.
(3) The organisation is required to equip Commission and Agency inspectors with the necessary protective equipment and dosimetric means.
This decree is without prejudice to the obligations of organisations provided for by the Decree of the Minister of Health of the Czech Socialist Republic No. 59 / 1972 Coll., on the Protection of Health from Ionizing Radiation, and the Decree of the Minister of Health of the Slovak Socialist Republic No. 65 / 1972 Coll., on the Protection of Health from Ionizing Radiation.
This Decree shall take effect on 1 June 1977.
First Deputy Chairman:
Ing. Barabas, DrSc. v. r.
1) Decree of the Minister for Foreign Affairs No. 61 / 1974 Coll., on the Non-Proliferation Treaty.
2) Nuclear equipment is defined in Section 5 of the Decree of the Federal Ministry for Technical and Investment Development No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules.
3) An effective kilogram means a special unit used to apply guarantees to nuclear materials. The quantity in effective kilograms shall be: (a) for plutonium its weight in kilograms, (b) for uranium enriched in 0,01 and its weight in kilograms multiplied by the square of its enrichment, (c) for uranium enriched in less than 0,01 but above 0,005 its weight in kilograms multiplied by 0,0001, (d) for depleted uranium enriched in 0,005 or less and thorium its weight in kilograms multiplied by 0,00005.
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Regulation Information
| Citation | Decree of the Czechoslovak Atomic Energy Commission No. 28 / 1977 Coll., on the Registration and Control of Nuclear Materials |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1977 |
|---|---|
| Effective from | 01.06.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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