Act No. 28 / 1984 Coll.
Act on State control over nuclear safety of nuclear installations
Valid
Effective from 04.04.1984
28
THE LAW
of 22 March 1984
on State control over nuclear safety of nuclear installations
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
Purpose of the law
When using nuclear energy, it is essential to safeguard the nuclear safety of nuclear installations, thereby preventing threats to the environment, health and lives of people.
(1) For the purposes of this Act, nuclear installations are investment and operating units which include a fissile chain reaction reactor or as a source of ionising radiation, as well as plant for the storage, processing, storage and transport of nuclear materials which are consumed in a fissile chain reaction or are generated in the operation of a nuclear reactor.
(2) Nuclear safety for the purposes of this Act means the state and ability of nuclear installations and their operation to prevent the uncontrolled development of fissile chain reactions and the illicit release of radioactive substances and ionising radiation into the environment.
(3) For the purposes of this Act, the responsible organisation shall:
(a) an organisation which ensures the construction of a nuclear installation before its takeover;
(b) an organisation which has ensured its operation since taking over the nuclear installation;
(c) an organisation which ensures the transport of nuclear materials.
SCOPE AND TASKS OF THE SCHOOL COMMISSION FOR ATOMIC ENERGY
(1) State control over nuclear safety of nuclear installations (hereinafter referred to as "State Supervision") is carried out by the Czechoslovak Atomic Energy Commission (hereinafter referred to as "Commission").
(2) The President of the Commission is responsible for the proper exercise of State control.
Nuclear facilities shall be subject to state control. The Commission shall decide in doubt whether it is a nuclear installation.
(1) In the exercise of State control by the Commission
(a) oversees the compliance of the authorities and organisations with the requirements and conditions of nuclear safety of nuclear installations, in particular the conditions for the safe operation and preparedness of all their technical parts and the activities of workers in their total, so that nuclear installations are kept in a safe state and managed in a way that prevents accidents and limits their possible consequences;
(b) to cooperate fully and effectively in order to ensure the universal safety of the operation of nuclear installations with the public authorities whose nuclear facilities are subject to supervision under specific rules;
(c) discuss with the responsible organisation and the competent authorities proposals for measures to improve nuclear safety of nuclear installations.
(2) The Commission further
(a) contribute to the continuous improvement of the level of nuclear safety of nuclear installations through the use of the results of the development of science and technology, the experience gained from the operation of nuclear installations and from international cooperation in this field and their transfer to the authorities and organisations providing for the preparation, production, construction and operation of nuclear installations;
(b) carry out its tasks in accordance with the international conventions by which the Czechoslovak Socialist Republic is bound in the region.
(1) The Commission, on request by the responsible organisations and after assessing the nuclear safety documentation submitted, gives its consent to:
(a) forming a binding basis for decision-making by the construction office in the territorial, building and approval proceedings and for the removal of a building involving a nuclear installation;
(b) the individual phases of the putting into service of a nuclear installation, in particular to bind nuclear fuel into the reactor, to initiate physical start-up, energy start-up and test operation of the nuclear installation;
(c) to implement changes affecting the nuclear safety of nuclear installations;
(d) to use and transport equipment for the transport of nuclear materials;
(e) the storage, processing and storage of nuclear materials.
(2) The decision referred to in paragraph 1 shall be taken by the Commission no later than two months after the submission of the relevant dossier.
(1) The Commission approves for individual nuclear installations, on the basis of a reasoned proposal submitted by the responsible organisation
(a) a summary of their limits and parameters which must not be exceeded in terms of nuclear safety and conditions which must be complied with at the same time (hereinafter referred to as "limits and conditions");
(b) quality assurance programmes for selected installations in terms of nuclear safety;
(c) programmes for putting into service, including programmes for physical and energy start-up, where their nature so requires;
(d) changes in the limits and conditions, the putting into service programmes and the way in which nuclear safety of nuclear installations is ensured.
(2) The decision referred to in paragraph 1 shall be taken by the Commission no later than two months after the submission of the relevant dossier.
(1) Commission
(a) identify work activities (functions) which have an immediate impact on nuclear safety and which can only be performed by personnel whose specific competence has been verified by successful passing of the examination before the State Examination Board (hereinafter referred to as "selected staff");
(b) lay down the manner, time limits and conditions for verifying the specific competence of the selected staff;
(c) identify operational rules for nuclear installations the knowledge of which is part of the specific competence of selected personnel (hereinafter referred to as "selected operational rules").
(2) Commission
(a) authorise and withdraw organisations to prepare selected staff after assessing the technical equipment of the organisations and the professional competence of their staff;
(b) approve the curriculum and the arrangements for preparing the selected staff on the basis of a proposal from the organisation authorised to prepare the selected staff;
(c) issue and withdraw appropriate authorisations for the activities of selected staff; the issuing of such authorisations may be entrusted by the Commission to organisations authorised to prepare the selected staff.
(3) The President of the Commission shall set up a State Examination Board for the verification of the specific competence of selected nuclear personnel and shall appoint and remove the chairman and members of the Commission.
CONTROL ACTIVITIES
(1) The control activities in the exercise of State control over the nuclear safety of nuclear installations are carried out by the Chief Inspector and the Nuclear Safety Inspectors.
(2) The Chief Inspector is hereby appointed and dismissed by the President of the Commission.
(3) Nuclear safety inspectors are Commission personnel authorised by its chairman; They're run by the Chief Inspector.
(4) The Chief Inspector and Nuclear Safety Inspectors must have a higher education course and adequate experience in the field.
Nuclear safety inspectors shall be entitled to:
(a) require the responsible organisation to process the measures and the time-limit for the removal of derogations from the approved dossier, in particular the limits and conditions, within the time limit set;
(b) to impose, if they have found a derogation from the approved limits and conditions immediately threatening nuclear safety, the necessary measures shall be taken by the responsible organisation without delay;
(c) to require the responsible organisation to carry out technical checks, revisions or tests on the operational capability of equipment, machinery or their files if they are found necessary for the verification of nuclear safety;
(d) examine the specific competence of the selected staff, in particular knowledge of the limits and conditions and the operational rules selected;
(e) withdraw the authorisation to operate if the selected staff member does not submit to the examination referred to in (d), or if he manifests his knowledge of the limits and conditions and of the operational rules selected, and transmit them for final execution to the person issuing the authorisation;
(f) enter, in the exercise of control, the premises in which nuclear installations or parts thereof are designed, designed, constructed, built, put into service, operated, repaired, reconstructed and discarded, and require the necessary documents and information.
Nuclear safety inspectors in the exercise of State oversight shall check:
(a) how compliance with the requirements and conditions of nuclear safety, the state of the nuclear installation, compliance with the approved limits and conditions and the selected operational rules is ensured;
(b) whether the responsible organisation ensures nuclear safety in accordance with the conditions laid down in the Commission Decisions and the approved dossiers;
(c) the readiness of nuclear equipment to be put into service, in particular to bind nuclear fuel to the reactor, to the individual stages of physical and energy launch, to test operation and to continuous operation;
(d) measures to ensure nuclear safety when making changes to nuclear installations, when decommissioning and after decommissioning.
(1) A protocol shall be drawn up by the Nuclear Safety Inspector and discussed with the head of the responsible organisation.
(2) When establishing the particularly important facts and the urgency of their rectification with regard to nuclear safety of nuclear installations, the Nuclear Safety Inspector shall immediately inform the Chief Inspector.
The President of the Commission and, in his absence, the Chief Inspector shall, in the event of a danger of delay in the event of serious nuclear safety concerns, order the necessary measures, including a reduction in the performance or cessation of the operation of the nuclear installation.
OBLIGATIONS OF THE INSTITUTIONS AND ORGANISATIONS
(1) The responsible organisation shall:
(a) submit to the Commission the relevant documentation necessary for its approval, approval or assessment;
(b) to create the necessary conditions for nuclear safety inspectors to exercise oversight;
(c) to demonstrate to nuclear safety inspectors the fulfilment of all specified obligations in the security of nuclear equipment;
(d) inform without delay the relevant nuclear safety inspector and the Commission of the serious facts, in particular of incidents affecting the nuclear safety of nuclear installations;
(e) carry out without delay, in the event of any deviation from the approved limits and conditions, the necessary measures to restore compliance with the approved limits and conditions; if this compliance cannot be restored, reduce the performance of the nuclear installation or, where appropriate, stop its operation;
(f) comply with the measures imposed under the provisions of Sections 10 and 13.
(2) The responsibility for the nuclear safety of nuclear installations as a whole lies with the responsible organisation.
(1) Organisations and bodies which design, design and plant nuclear installations, design and manufacture machines, their components and sets of nuclear equipment and machinery, including materials for their production, ensure and implement the construction, put into service, operate, repair, reconstruct and disable them, are required to comply with the nuclear safety requirements and the conditions of nuclear safety laid down by the Commission in the exercise of state oversight.
(2) Organisations involved in the performance of the activities referred to in paragraph 1 are required to provide the responsible organisation with the complete documentation necessary for the documentation submitted to the Commission.
ANTI-HAVARIAN MEASURES
(1) Protection of nuclear workers and the population and measures in the national economy are ensured in the event of a nuclear radiation accident according to emergency plans; in the case of transport facilities, they are secured according to emergency procedures.
(2) The procedure for drawing up, evaluating and adapting emergency plans and emergency plans as well as cases where external emergency plans are not drawn up shall be established by the Commission in agreement with the competent authorities.
(3) The development of an internal emergency plan of a nuclear installation for the protection of workers of that installation and an external emergency plan for the protection of the population and surrounding nuclear installations is provided by the responsible organisation. In the case of nuclear material transport facilities, the carrier shall ensure the development of emergency procedures on the basis of binding evidence of the carrier.
(4) Following a positive assessment by the Commission, they shall approve:
(a) internal emergency plans by the heads of nuclear plant management organisations;
(b) external emergency plans of the relevant national committees;
(c) emergency procedures by the central authority of the carrier.
(5) Without approved emergency plans, the putting into service of nuclear installations cannot be initiated and the transport of nuclear materials cannot be carried out without approved emergency plans.
FINES
Fines for organisations and workers
(1) The Commission may impose on the responsible organisation:
(a) for a threat or breach of nuclear safety by failing to comply with the conditions of approval issued by the Commission, has not taken measures in good time to remedy the deficiencies and defects identified during the control of nuclear installations, has failed to comply with the quality assurance programmes of the installation, has infringed the approved programme of putting nuclear equipment into service, the approved limits and conditions or generally binding legislation on nuclear safety of nuclear installations up to 1 million Kčs;
(b) for concealing information relevant to the exercise of oversight or the timely non-notification of facts relevant to nuclear safety and for the inclusion of a worker in an activity for which he does not fulfil the condition of special competence [Paragraph 8 (1) (a)] of a fine of up to 100 000 Kcs.
(2) The Commission may, if not for a criminal offence or offence, impose a fine of up to 10 000 CZK on workers of responsible organisations,
(a) if they are caused by a threat or breach of nuclear safety of a nuclear installation by failing to comply with the nuclear safety regulations, in particular the approved programme for putting into service of a nuclear installation, the selected operational regulations, the approved limits and conditions;
(b) if they conceal a fact relevant to the exercise of supervision or refuse to cooperate with nuclear safety inspectors during the inspection.
(3) Where a worker has been fined in accordance with paragraph 2, he may not be fined under other legislation for the same reason.
(4) When imposing a fine, the Commission shall base itself on the seriousness of the deficiencies or infringements of nuclear safety, and on the level of the blame for workers, and shall determine the amount thereof in such a way that the fine imposed is effective in addressing the deficiencies.
Time limits for the imposition and return of fines
(1) Fines (Paragraph 17) may be imposed within one year of the date on which the Nuclear Safety Inspector found an infringement or failure to fulfil obligations, but no more than three years after the date on which the infringement or the obligation had to be fulfilled.
(2) The fines are the revenue of the Federation State Budget; their management shall be carried out by the Commission.
COMMON AND FINAL PROVISIONS
General rules on administrative procedures (administrative rules) 1)
The competence of the public authorities regarding or related to the construction, operation and decommissioning of nuclear installations under the special regulations is not affected by this law. Those authorities shall cooperate with the Commission and shall provide each other with supporting documents and decisions concerning the safety of nuclear installations.
The Commission, in cooperation with the Federal Ministry of Fuel and Energy, issues generally binding legislation on nuclear safety in the design, construction and operation of nuclear installations, in particular:
(a) the procedure for placing nuclear installations;
(b) ensuring the quality of selected installations in nuclear energy;
(c) storage, processing and storage of nuclear materials;
(d) transport of nuclear materials;
(e) the physical protection of nuclear installations and nuclear materials;
(f) the procedure for decommissioning nuclear installations.
This Act shall take effect on the day of its publication.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act No. 28 / 1984 Coll., on State supervision of nuclear safety of nuclear installations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.04.1984 |
|---|---|
| Effective from | 04.04.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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