LAW OF THE REPUBLIC OF MOLDOVA

of June 8, 2012 No. 132

About safe implementation of nuclear and radiological activities

For the purpose of regulation of nuclear and radiological activities according to the international requirements in the field following from the Nuclear Non-Proliferation Treaty of July 1, 1968 to which the Republic of Moldova joined the Resolution of Parliament No. 1623-XII of October 26, 1993, the Agreement between the Republic of Moldova and International Atomic Energy Agency on application of the guarantees in connection with the Nuclear Non-Proliferation Treaty and the Protocol to this Agreement ratified by the Law No. 41XVI of March 2, 2006, the Convention on Nuclear Safety accepted in Vienna on June 17, 1994 (The official magazine of the European Union No. L 318), Directives of the Council of the European Union 96/29/Evratom of May 13, 1996, the safety establishing the main regulations for protection of health of workers and the population against the dangers caused by ionizing radiation (The official magazine of the European Union No. L 159) Series of Regulations on safety of International Atomic Energy Agency of GSR, part 1-3,

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

Subject of this law is safe implementation of nuclear and radiological activities only in the peace purposes, with observance of the obligations following from international treaties which party is the Republic of Moldova.

Article 2. Law purposes

This law is intended:

a) non-admission of distribution of nuclear weapon, and also the materials and devices suitable for distribution of nuclear weapon and other destructive devices with radioactive material;

b) establishment of mechanisms of safe implementation of nuclear and radiological activities and their maintenance at appropriate level in all areas connected with use of sources of ionizing radiation;

c) prevention of unauthorized implementation of nuclear and radiological activities;

d) protection of personnel, the population, property and the environment against negative impact of ionizing radiation according to the international requirements in the field of radiation protection and safety of nuclear and radiological activities;

e) prevention of plunder, illicit trafficking in nuclear and radioactive materials, ensuring physical safety of nuclear and radiation objects.

Article 3. Law scope

Provisions of this law extend to the following types of nuclear and radiological activities:

a) research, designing, placement, construction, installation, commissioning, operation, modification, repair, deactivation of nuclear and radiation objects;

b) production, delivery, transfer, manipulation, possession, conversion, processing, use, temporary storage or final burial, transportation, transit, import, export, re-export and temporary import or temporary export of sources of ionizing radiation, including nuclear materials, nuclear fuel, radioactive waste;

c) delivery and use of the equipment dosimetric (radiometric, etc.) the control of parameters of fields of ionizing radiation, materials and devices for protection against ionizing radiation used for monitoring or control and supervision of nuclear and radiological activities, and also means of packaging and containerization or specially equipped vehicles for radioactive materials;

d) introduction on the market or provision in the market of products and provision of services, the nuclear and radiation objects intended for safe activities: individual dosimetry, testing of radioactive sources (test for radiation leak), quality control of generators of ionizing radiation and calculation of efficiency of protective barriers;

e) detection of ownerless radioactive sources and recovery of control over them.

Article 4. Basic concepts

For the purposes of this law the following basic concepts are used:

nuclear/radiation accident - the event affecting nuclear/radiation installation and leading to radiation or pollution by radioactive materials of the population and the environment over the admissible levels determined by existing rules;

allowing documents of the National agency - radiological permission, including partial, the safety certificate based on which are performed nuclear and radiological activities;

nuclear and/or radiological activities - any activities of the person which in addition enter sources of ionizing radiation or way of impact of ionizing radiation;

The national agency - National agency on regulation of nuclear and radiological activities;

IAEA - International Atomic Energy Agency;

quality assurance - the planned and systematically carried out actions necessary for ensuring sufficient confidence that means, processes and functioning of nuclear or radiation installations meet the requirements established by the relevant legislation;

permission - the assessment procedure of compliance of radiation protection, nuclear and radiation safety which is carried out at physical person or legal entity on the basis of the application submitted by it for the purpose of safe implementation of nuclear and radiological activities, coming to the end with issue of radiological permission;

radiological permission - the allowing document issued on the activities which are not withdrawn from the permission mode as a result of assessment of conformity and observance of conditions of implementation of nuclear and/or radiological activities according to Article 20;

partial radiological permission - the radiological permission issued for realization of certain stage of nuclear or radiological activities in the established area and during the established period of time;

bank of nuclear and radiation data - the automated information system consisting at least of two bases of nuclear and radiation data and systems of search, storage and information processing;

base of nuclear and radiation data - data set, structured definitely on material basis in written, graphical, optical or electromagnetic form, constantly available to the users of information authorized in the respective area;

the safety certificate - the allowing document confirming compliance of installation (equipment) with sources of ionizing radiation, the vehicle for radioactive sources, and also packaging and the shipping container to the standards, rules, regulations and technical requirements regulating safe operation of nuclear or radiation installations;

nuclear fuel - the radioactive materials used in nuclear reactors for energy production;

the fulfilled nuclear fuel - the nuclear fuel radiated in active zone of the reactor and finally extracted from the reactor;

culture of nuclear and radiation safety - set of characteristics and the relations of the physical persons and legal entities having priority radiation protection, nuclear and radiation safety;

radioactive waste - materials, products, devices and any other objects in any form which contain radionuclides or is contaminated by radionuclides in the concentration exceeding withdrawal levels and which further use was not provided and it is not provided;

assessment of nuclear and radiation safety - the analysis of compliance of requirements of radiation protection, nuclear and radiation safety, aspects of designing and operation of the nuclear or radiation installations relating to protection of people, to physical protection of radioactive sources or nuclear materials including the analysis of provisions in the field of the radiation protection and physical safety established for designing, manipulation, use of nuclear or radiation installations and also the analysis of neighboring risks and threats under normal conditions activities and in cases of incidents and accidents;

the certified expert - person having the certification certificate issued by the National agency or other subject, the representative to perform theoretical and practical preparation in the field of radiation protection and safe implementation of nuclear and radiological activities, - confirmation of knowledge and preparation necessary for conducting physical tool or radiochemical testing for the purpose of provision of services for safe implementation of nuclear and radiological activities;

stage - consecutive stage of process of nuclear or radiological activities for which partial radiological permission is issued;

own fund of financial resources - the size of insurance or other financial provision of the job seeker or owner of permission pro rata to the size of possible costs for elimination of effects of nuclear or radiation incident or accident or on the treatment of radioactive waste of the activities;

nuclear/radiation incident - the event affecting nuclear/radiation installation and leading to radiation of personnel over admissible level and/or to availability of radioactive materials in the zones which are not intended for this purpose on the project, requiring application of the adjusting measures;

nuclear installation - any installation in which nuclear material, excepting the warehousing connected with transportation is stored;

radiation installation - the generator of ionizing radiation, the device, the device which get make, process radioactive materials; the room or the square which contain radioactive materials, including radioactive waste;

management of radioactive waste - complex of administrative and operational measures for manipulation (address), transportation, preliminary processing, processing, conditioning, interim storage and final burial of radioactive waste from nuclear or radiation objects;

the sharing material - plutonium, uranium-233, the uranium enriched with isotopes 233 or 235, any material, enriched in any of above-mentioned isotopes;

materials of nuclear cycle - heavy water, graphite, zirconium and other materials which because of specific nuclear properties are of special interest for nuclear area;

nuclear material - any nuclear raw materials and any sharing material;

radioactive material - any material which is in any aggregate state, having radioactive properties including radioactive waste;

nuclear raw materials - the uranium containing mix of the isotopes which are found in the nature, the uranium which is grown poor by isotope 235, thorium in any its form in the form of metal, alloy, chemical mix or concentration;

enforcement measures - suspension or withdrawal of radiological permission, including partial, withdrawal of the safety certificate and permission to the admission, suspension of not permitted activities;

modification of radiation installation - activities for replacement of one modules with others, not recommended by the manufacturer, and/or change of some technical parameters, including transactions on recovery, reconstruction or improvement of technical parameters;

withdrawal levels - the values established by the National agency expressed in terms of total or specific activity or capacity of dose (in case of generators of ionizing radiation) below which activities (practice) are exempted from the requirements of receipt of permission provided by this law;

the notification - the written instrument of the established form which the physical person or legal entity is notified by the National agency about the intention to conduct or stop nuclear and/or radiological activities;

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