Decree No. 500 / 2005 Coll.
Decree amending Decree No. 144 / 1997 of the State Office for Nuclear Safety Coll., on the Physical Protection of Nuclear Materials and Nuclear Equipment and on their categorisation
Valid
Order
Effective from 01.01.2006
500
DECLARATION
of 5 December 2005
amending Decree No 144 / 1997 of the State Office for Nuclear Safety Coll., on the physical protection and classification of nuclear materials and nuclear installations
According to § 47 (7) for the implementation of § 4 (9) and (10), § 13 (3) (d) and § 6, § 18 (1) (c) and § 20 (1) (d) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and on the amendment and addition of certain laws, as amended by Act No. 13 / 2002 Coll.:
Decree No 144 / 1997 Coll., on the physical protection and classification of nuclear materials and nuclear installations, is amended as follows:
1. In Article 1 (1), "(Article 4 (9) of the Law) 'is replaced by" (Article 4 (10) of the Law)' and "(Article 4 (8) of the Law 'is replaced by" (Article 4 (9) of the Law)'.
2. in Article 2, the following points (d) and (e) are inserted after point (c):
"(d) a known person employed by the holder of the authorisation or a person cooperating with the holder of the authorisation who has knowledge of the organisational and technological procedures for the operation of the nuclear installation, the handling of nuclear materials, the transport of nuclear materials and the right to enter the nuclear installation separately;
(e) the project's fundamental threat to the characteristics and capabilities of a person who is inside or outside the physical protection object, who may intentionally dispose of the object illegally, in particular by alienation or sabotage, and against whom the physical protection system is designed and evaluated; the following characteristics and capabilities shall in particular mean:
1. determination, experience and ability to operate in two or more groups of at least two members trained in military training;
2. the ability to cooperate within an installation with a well-known person who is able to provide information or to allow inputs or outputs to or from a nuclear installation, harm individual components of the security equipment, technical system of physical protection or communication system or directly participate in a violent attack;
3. equipment
(aa) hand-held automatic weapons;
(bb) portable industrial equipment and explosives to release passages (input, entry, exit or exit) or to destroy parts of nuclear equipment, means of transport and integrity of packaging for the transport, storage or storage of nuclear materials and radioactive substances or individual components of the physical protection system; or
(cc) a vehicle usable for the transport of persons and their equipment close to spaces with categorised parts of a nuclear installation or as a carrier of an explosive device;
4. the possibility of support by a well-known person in a variety of working positions which have a detailed knowledge of, or access to, nuclear installations or instruments which may permit the theft of special fissile materials; ';
Points (d) to (i) shall be renumbered as points (f) to (k).
3. In Article 5 (3), the words "and non-classified nuclear materials (natural uranium, depleted uranium and thorium) 'shall be inserted after the words" decrees'.
4. In Section 5, at the end of paragraph 3, the words "or in locked rooms with controlled access' are added.
5. in Article 7 (1) (a), the words "and (m)" shall be inserted in brackets after the words "(l)."
6. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) Private motor vehicles shall not enter the protected and internal space. The entrance of private motor vehicles shall be permitted only if necessary. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
7. In the second sentence of Article 8 (2), the words "the funds based on the principle may also be used" shall be replaced by the words "at least when entering the secure area of the nuclear reactor installation."
8. In Article 8, the sentence "Voice exchange communication of the control centre of the physical protection technical system following communication links shall be recorded at the end of paragraph 3; the entry must be made available for 7 days. ';
9. In Paragraph 8 (4), the words "guarded and 'shall be inserted after the words" and the ratio of the number of visitors'.
10. In Article 8, the following paragraph 8 is inserted after paragraph 7:
"(8) Persons authorised to enter the protected, protected or internal space separately in accordance with Paragraph 7 (1) shall, before the first authorisation of a separate entry into the categorised object and at least once a year, be shown to have been trained in compliance with the rules on physical protection. ';
Paragraphs 8 to 13 shall be renumbered paragraphs 9 to 14.
11. in Article 9, the following paragraph 4 is inserted after paragraph 3:
"(4) Persons authorised to enter the protected or protected area separately in accordance with Paragraph 7 (1) shall, before the first authorisation of a separate entry into the categorised object and at least once a year, be shown to have been trained to comply with the rules on physical protection. '
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
12. In Article 9, at the end of the text of paragraph 5, the words "for persons preparing to pursue a profession no more than 10: 1 'shall be added.
13. In Article 10, the following paragraph 4 is added:
"(4) Persons authorised to enter the protected area separately pursuant to Paragraph 7 (1) shall, prior to the first authorisation of a separate entry into the categorised object and at least once a year, be shown to have been trained to comply with the rules on physical protection. '
14. footnote 4:
"(4) Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 455 / 1991 Coll., on trade (Trade Act), as amended."
15. In Section 12, the words "except for selected detection, communication and camera systems and identification card issues' shall be added at the end of paragraph 1.
16. In Paragraph 14, the sentence "In the case of shipments of nuclear material in the form of fresh nuclear fuel for nuclear reactors classified in Category III or natural uranium weighing more than 1000 kg, dispatcher monitoring of shipments and police escort or other police measures shall be added at the end of paragraph 1. ';
17.
"7) Decree No. 317 / 2002 Coll., on the type-approval of packages for the transport, storage and storage of nuclear materials and radioactive substances, on the type-approval of sources of ionising radiation and on the transport of nuclear materials and designated radioactive substances (type-approval and transport).";
18. footnote 8:
"8) Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence."
19. in Paragraph 18 (1), the words "taking into account the project basic threat to nuclear materials and nuclear installations" shall be added at the end of the text in point (a).
20. in Paragraph 18 (2), the following points (a) and (b) are inserted:
"(a) taking into account the project's basic threat to nuclear materials and nuclear installations;
(b) the classification of nuclear materials and nuclear installations in each category; ';
Points (a) to (f) shall be renumbered as points (c) to (h).
21. In Paragraph 18 (2), the words "a description of the actual implementation of the technical system of physical protection or of the safety technology" shall be inserted at the beginning of the text of point (c).
22. in § 18 (2) (f) (4) and (6), "§ 9 (7)" is replaced by "§ 9 (8)."
23. in Article 18 (2) (f) (6), "§ 8 (13)" is replaced by "§ 8 (14)."
24. in Article 18 (2) (f) (6), "§ 9 (8)" is replaced by "§ 9 (9)."
25. in Paragraph 18 (4), the words "taking into account the project basic threat" shall be inserted after the words "decrees," the words "further" shall be deleted;
26. The Annex to the Order reads:
"Attachment to Order No 144 / 1997 Coll.
ESTABLISHMENT OF NUCLEAR MATERIALS IN CATEGORIES
| Poř.č. | Materiál | Druh | Kategorie | ||
|---|---|---|---|---|---|
| I. | II. | III.c/ | |||
| 1. | Plutonium a/ | neozářené b/ | 2 kg a více | Méně než 2 kg, ale více než 500 g | 500 g nebo méně, ale více než 15 g |
| 2. | Uran-235 | neozářený b/ | |||
| - uran obohacený na 20% U-235 nebo více | 5 kg a více | Méně než 5 kg, ale více než 1 kg | 1 kg nebo méně, ale více než 15 g | ||
| - uran obohacený na 10% U-235 ale na méně než 20% | 10 kg nebo více | méně než 10 kg, ale více než 1 kg | |||
| - uran obohacený nad přírodní avšak na méně než 10% U-235 | 10 kg a více | ||||
| 3. | Uran-233 | neozářený b/ | 2 kg a více | Méně než 2 kg, ale více než 500 g | 500 g nebo méně, ale více než 15 g |
| 4. | Ozářené palivo | Ochuzený nebo přírodní uran, thorium nebo nízko obohacené palivo (méně než 10% štěpitelného obsahu) d/ e/ | |||
Notes:
a / All plutonium except plutonium with an isotopic concentration exceeding 80% plutonium-238
b / Non-irradiated material in a reactor or irradiated material in a reactor where the dose input is equal to or less than 1 Gy.h-1 at a distance of 1 metre without shielding
c / Quantities not falling within Category III and natural uranium shall be protected at least in accordance with procedures used to protect valuable property
d / Even if this level of protection is recommended, the Authority may, taking into account specific circumstances, provide for a different physical protection category
e / Other fuel which, taking into account the original content of fissile material, has been classified before being irradiated to Category I or Category II may be classified in the category reduced by one degree if the fuel input exceeds 1 Gy.h-1 at a distance of 1 metre without shielding. '
Transitional provision
The holder of the authorisation pursuant to § 9 (1) (d) and (m) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and amending and supplementing certain laws, shall adapt the documentation on how to ensure the physical protection of nuclear materials and nuclear installations to the requirements of this Decree and submit it for approval by 31 October 2006.
Efficacy
This Decree shall take effect on 1 January 2006, with the exception of Article I (7) and (8), which shall take effect on 1 January 2008.
President:
Ing. Drábová v. r.
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Regulation Information
| Citation | Decree No. 500 / 2005 Coll., amending Decree No. 144 / 1997 of the State Office for Nuclear Safety Coll., on the Physical Protection of Nuclear Materials and Nuclear Equipment and on their categorisation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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