Decree No. 374 / 2016 Coll.
Ordinance on the Registration, Control and Notification of Data on Nuclear Materials
Valid
Order
Effective from 01.01.2017
Text versions:
01.01.2017
18.11.2016
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374
DECLARATION
of 7 November 2016
on the registration, control and reporting of nuclear materials
The State Nuclear Safety Authority provides, pursuant to § 236 of Act No. 263 / 2016 Coll., Atomic Act, for the implementation of § 6 (8) (a) and (b), § 24 (7), § 25 (2) (d), § 166 (6) (a) to (c), § 167 (2) (a) to (d) and § 169 (4):
INTRODUCTORY PROVISIONS
Subject matter
This decree regulates the application of Euratom safeguards following the directly applicable regulation (1)
(a) the concentration of the isotope of the element in the material which makes it the source material;
(b) the concentration of radionuclide in the material which makes it special fissile material;
(c) a list of other fissile materials which are relevant to nuclear non-proliferation,
(d) the scope, method and deadlines for the notification of data on the production of irradiated nuclear fuel packaging, the construction of hot chambers, research and development activities related to the nuclear fuel cycle or other activities provided for in the Additional Protocol to the International Non-Proliferation Treaty (2);
(e) the extent, manner and duration of the storage and transmission of information on the extraction or processing of uranium or thorium ores in the Czech Republic;
(f) requirements for the content of documentation for the authorised nuclear non-proliferation activity;
(g) the extent, manner and duration of the retention of registered nuclear material documents and the deadlines for their transmission to the Office;
(h) the scope and manner of the control of nuclear material by the holder of a non-proliferation permit;
(i) the scope and manner of the management of the nuclear material registration system;
(j) information on the content of the documents and the scope of the data required by Euratom rules and the time limit and manner in which they are to be transmitted to the Office;
(k) models of the forms for the notification of data from the Office's Nuclear Material Registration System and the European Commission ("the Commission"); and
(l) a model for the declaration of end-user of nuclear material in the Czech Republic on its import.
Definition of terms
For the purposes of this decree:
(a) by changing the inventory of the increase or decrease in the registration status of the quantity of nuclear material, including changes in its category3) in a specified materialbalance area (4); inventory changes in the form of the addition or removal of nuclear material shall be reported in grams to the nearest 3 decimal places;
(b) non-measurable operating losses incurred in operation, in particular by dissolution, evaporation, rounding, imperfection 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); and
(c) 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 in view of economic costs, and the material is normally technologically recovered without the use of the ore processing technology; These losses include, in particular, gizzards and chips mixed with other metals in a joint machining process, slag, pastries on crucibles, unprocessed and highly active solutions and analytical residues.
DETERMINATION OF MINIMUM CONCENTRATION OF NUCLEAR MATERIALS AND LIST OF OTHER FITTINGS
Minimum concentration of nuclear material
The minimum concentration of nuclear material under § 1 (a) and (b) is always a real positive value.
List of other fissile materials
The list of other fissile materials which are relevant for the non-proliferation of nuclear weapons shall be established by the Governing Council of the International Atomic Energy Agency (hereinafter referred to as the Agency).
SCOPE AND METHOD OF IMPLEMENTATION OF THE CONTROL OF NUCLEAR MATERIALS, THE LEADING OF THE EVIDENCE SYSTEM AND THE TRANSMISSION OF DATA BY THE OFFICE
Authorisation holder
(1) The authorisation holder shall keep records of nuclear materials and carry out their checks under the Nuclear Material Registration and Control Directive. A natural person (hereinafter referred to as "the Head of Nuclear Material Records') shall be entrusted with the management and control of nuclear material by the authorisation holder in writing and shall transmit a copy of that written mandate to the Office.
(2) The authorisation holder shall send the documentation referred to in Article 6 (c), (d) and (g) to the Commission and a copy thereof to the Office. The authorisation holder shall send to the Office a copy of all documentation within 30 days of receipt from the Commission.
(3) The authorisation holder shall keep records of nuclear materials and carry out their checks on installations referred to in the first subparagraph of Article 3 (1) of Commission Regulation (Euratom) No 302 / 2005.
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 the operational records (7), checks on the seals of the Office, the Commission and the Agency and other inspection technical equipment, and records on such inspections;
(d) be responsible for keeping records (8) and operating 7) of the records, processing the documentary inventory (9) of nuclear materials on form 1, 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 theft;
(e) physically controls and records each receipt and dispatch of nuclear material;
(f) organise physical inventory of nuclear materials;
(g) processes log reports 10) on the movement of nuclear materials,
(h) accompany the inspectors of the Office, the Commission and the Agency during the inspection;
(i) 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; and
(j) approve the method of storage, keeping records and carrying out control of nuclear materials at separate sites.
Registration of nuclear materials
(11) Nuclear materials include:
(a) records and records of operations;
(b) records,
(c) special reports 12),
(d) advance notification 13),
(e) a list of operational losses, retained and treated waste (14);
(f) a list of nuclear material for which the Commission has provided written exceptions (15) from the rules governing the form and frequency of notifications;
(g) basic technical characteristics 16) including their situation drawings; and
(h) the activity programme17).
Registration and operational records
(1) The authorisation holder records 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; and
(b) contain the date and signature of the Head of Nuclear Material Records or of his agent who 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 management of the nuclear material records may entrust another natural person in writing with the management of operational records at a separate workplace.
Registration reports
(1) The report shall be:
(a) an inventory change report (18);
(b) the inventory of physical inventory19),
(c) material balance report 19), and
(d) document inventory20).
(2) The authorisation holder shall send to 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, within the deadlines laid down in Commission Regulation (Euratom) No 302 / 2005. The authorisation holder shall also send to the Office a copy of the computerised record of the registration reports or of the registration report on forms 2, 3 and 4, the specimen of which is set out in Annex 1 to this Order, bearing the signature of the Head of the Nuclear Material Registry, and a copy of the communication document with the Commission concerning the registration report, if it cannot be sent through the data box.
(3) An inventory change report on form 2, a model of which appears in Annex 1 to this order, shall be drawn up by the holder of the authorisation:
(a) sending nuclear material (the sender) in transfers of nuclear materials within the territory of the Czech Republic, in 5 copies, of which 1 copy shall be sent to the Office, 3 copies of the permit holder receiving the nuclear material (the consignee), and 1 copy shall be retained if it cannot be sent through the data box; the consignee shall verify the data provided by the consignor and, after completing the inventory change form, send the copy back to the consignor, send one copy to the Office and keep one copy; where 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 transfers of nuclear materials, if the consignor, in two copies of which 1 is sent to the Office and the second copy shall be retained if it cannot be sent through the data box; At the same time, the sender shall affix each shipment of nuclear materials with an accompanying document in the form of an export and import notification, using form 5, 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 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; and
(c) in the event of changes in the inventory of nuclear materials other than the transfer referred to in (a) and (b) in two copies, one copy of which shall be sent to the Office and the other shall be retained if it cannot be sent through the data box.
(4) The inventory change report shall be sent to the Office no later than 5 days after the change takes place.
(5) The physical inventory inventory shall be sent by the authorisation holder to the Office using form 3, a model of which appears in Annex 1 to this Decree, within 10 days of the date on which the physical inventory of nuclear materials was carried out.
Special reports
(1) Where the circumstances referred to in Article 15 or 22 of Commission Regulation (Euratom) No 302 / 2005 arise, the holder of the authorisation shall, without delay, send a special report to the Commission as referred to in 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.
Pre-notification
(1) If the authorisation holder intends to consume nuclear materials in non-nuclear activities in such a way that they cannot be recovered, he shall notify the Commission and the Authority thereof 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. This is not true when it comes to the consumption of nuclear materials in nuclear reactors by fission.
(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) Where the holder intends to export or import nuclear materials, he shall notify the Commission and the Authority in accordance with Articles 20 and 21 of Commission Regulation (Euratom) No 302 / 2005 at the dates laid down in Commission Regulation (Euratom) No 302 / 2005.
Operating losses, retained and treated waste
(1) Operating losses shall be determined on the basis of the result of chemical analysis, calculation, estimation or 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.
(2) Nuclear material from measurable operational losses shall be removed from the routine records of nuclear materials as retained waste and shall be deducted from the inventory of physical inventory and shall continue to be subject to control by the Commission, the Agency and the Authority. If the holder of the authorisation intends to make an adjustment to nuclear material by transferring to treated waste, by concreting, slotting into glass, cement or asphalt, he shall first return the nuclear material after the Commission has agreed to that modification with a report on the change of inventory in the normal registration of nuclear materials and, after the adjustment made, he shall administrative remove it from the normal registration as conditioned waste. The holder of an authorisation shall send a copy of the adjustment made to the Office together with the inventory change report.
(3) Separate records shall be kept for nuclear material identified as retained or treated waste. The procedure for keeping records is laid down in Article 30 of Commission Regulation (Euratom) No 302 / 2005.
(4) The authorisation holder shall forward to the Office information on the further processing of medium or highly radioactive waste containing plutonium, highly enriched uranium or isotope 233U which has been transferred to the category of retained or treated waste referred to in Article 31 of Commission Regulation (Euratom) No 302 / 2005, at least 200 days before its further processing. This does not apply if there are changes in packaging or other treatment of waste, except for separation of elements.
(5) The authorisation holder shall notify the Authority of the transfer of conditioned waste for the previous year in accordance with Article 32 of Commission Regulation (Euratom) No 302 / 2005 until 31 January.
Exceptions
(1) The authorisation holder shall inform the Authority of the granting of an exemption from the rules governing the form and frequency of the transmission of log and special reports pursuant to Article 19 of Commission Regulation (Euratom) No 302 / 2005.
(2) Nuclear material for which a derogation has been granted pursuant to paragraph 1 shall remain 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 registration of nuclear material for which a derogation has been granted pursuant to paragraph 1. The holder of an exemption shall also:
(a) to register this nuclear material within a separate material balance area;
(b) send inventory change reports to the Office in the event of the dispatch and reception of such nuclear material within one material balance area; and
(c) to process for this nuclear material a separate inventory of physical inventory and documentary inventory.
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 programme of activities notified to the Commission pursuant to Article 5 of Commission Regulation (Euratom) No 302 / 2005. Where the holder of an authorisation intends to consume nuclear material in non-nuclear activities such as the production of alloys, ceramics, 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).
REQUIREMENTS FOR THE DETERMINATION OF DOCUMENTATION FOR AUTHORISED ACTIVITIES IN THE FIELD OF NUCLEAR COLLECTION
Documentation for the authorisation to handle nuclear materials
(1) 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 scope of the powers and responsibilities of the Head of Nuclear Material Records and the responsibilities of other personnel specifically 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 manner in which records are kept;
(e) the way in which operating records are kept for all workplaces where nuclear materials are used, stored or consumed;
(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 material during the inspections of 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; and
(n) the procedure for evaluating unaccounted for material.
(2) The description of the handling of nuclear materials contains:
(a) the purpose of the use of nuclear materials;
(b) the maximum quantity of nuclear materials, their chemical and physical form and, where appropriate, enrichment;
(c) nuclear material category;
(d) the way in which the physical protection of nuclear materials is ensured;
(e) the way in which nuclear materials are stored; and
(f) a detailed description of all activities carried out with nuclear materials, taking into account the potential for or consumption of operational losses.
(3) The data necessary for the fulfilment of the conditions arising from international obligations shall include:
(a) basic technical characteristics; and
(b) the identification data referred to in Article 18 (1).
Documentation for the authorisation to import, export or transit nuclear materials
(1) The data necessary for requesting a State guarantee in the case of exports and transit of nuclear material shall include:
(a) the quantity of nuclear materials, their chemical and physical form and, where appropriate, enrichment;
(b) nuclear material category,
(c) the name and address of the supplier and end-user of nuclear materials in the recipient State; and
(d) the contract number and, where appropriate, the business offer.
(2) The model of the end-user declaration in case of import or transfer of nuclear materials to the Czech Republic is shown in form 6 in Annex 1 to this decree.
(3) The data necessary to fulfil the conditions arising from international obligations in the case of imports of nuclear materials shall include:
(a) the quantity of nuclear materials, their chemical and physical form and, where appropriate, enrichment;
(b) nuclear material category,
(c) the name and address of the foreign supplier and end-user of nuclear materials in the Czech Republic; and
(d) the contract number and, where appropriate, the business offer.
SCOPE, METHOD AND TIME OF CONDUCTING INFORMATION ON THE TERRITORY OF THE CZECH REPUBLIC AND PROCESSING OF Uranium and Thorium ore
(1) A natural or legal person intending to mine uranium or thorium ore on the territory of the Czech Republic shall, at least 2 months before the start of mining or processing of ore, notify the Office of the name or, where appropriate, the name, surname, date of birth and place of business of the natural person, the name or business name and address of the legal entity, and the identification number, telephone number, e-address, location of uranium and thorium mines, modified uranium ores and plants for the manufacture of thorium concentrate, their estimated annual capacity and operational information.
(2) A copy of the documentation referred to in Article 24 of Commission Regulation (Euratom) No 302 / 2005 is sent to the Office by a natural or legal person who is extracting uranium or thorium ore in the Czech Republic.
(3) A copy of the dossier referred to in Article 25 of Commission Regulation (Euratom) No 302 / 2005 and an inventory change report shall be sent to the Office by a natural or legal person who exports or dispatches uranium or thorium ore.
(4) All data relating to the extraction, processing, export or dispatch of uranium or thorium ore shall be kept in paper and electronic form for at least 5 years.
SCOPE, METHOD AND PERIOD FOR THE NOTIFICATION OF DATA ON CERTAIN ACTIVITIES PROVIDED FOR BY THE EUROPEAN UNION
Data on nuclear fuel cycle activities
(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 Article 2 (b) (i) directly applicable to the Euratogu1) shall notify the Authority at least 2 months before the start of those activities of the name, surname or surname, date of birth and place of business, natural person, name or business name and address of the legal entity, together with an identification number, telephone number, electronic address, location of uranium and thorium mines, modified uranium ores and the location and scope of the activities carried out.
(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) of the directly applicable Euratom1 Regulation shall submit to the Authority their 10-year plan when they commence those activities.
(3) A natural or legal person who carries out the activities referred to in Article 2 (a) (iv) of the directly applicable Eurotomu1 Regulation shall notify the Office of the name, name, surname, date of birth and place of business, if any, of the natural person, name or business name and address of the registered office in the case of a legal person, and of the telephone number, e-address and place and extent of the activities carried out. The list of activities subject to notification is set out in Annex 2 to this Decree.
(4) A natural or legal person shall keep and maintain a record of the nuclear items produced listed in Annex 2 to this Decree.
(5) The update of the data for the previous calendar year submitted pursuant to paragraphs 1 to 3 shall be submitted to the Office by 15 February.
Data on other activities provided for by European Union rules
(1) Any natural or legal person operating activities within a designated locality shall designate a representative of that local21 in cooperation with the Authority.
(2) Within 30 days of the establishment of the site, the representative of the site shall provide the Authority 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.
(3) The update of the data for the previous calendar year submitted pursuant to paragraphs 1 and 2 shall be submitted by a representative of the Office's site by 15 February.
PROVISIONS COMMON AND FINAL
Preservation of documents
The documents referred to in paragraphs 6, 7, 18 to 20 shall be kept for at least 5 years from their origin.
Notification
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Efficacy
This Decision shall enter into force on 1 January 2017.
President:
Ing. Drábová, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 374 / 2016 Coll., on the registration and control of nuclear materials and the notification of their data |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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