Law no. 63/2018 for amending and completing the Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities

We are following up on the news from March, whereby we have mentioned that a new piece of nuclear energy related legislation has been passed: this law regulates the authorization and control of nuclear activities conducted exclusively for peaceful purposes.

The purpose of this law is to ensure full transposition of the provisions of Directive 2013/59/Euratom of the Commission set for establishing the security provisions regarding the protection against risks arising from the exposure to ionizing radiation (repealing the previous Euratom Directives 89/618, 90/641, 96/29, 97/43, 2013/122).  The deadline for transposition of the provisions of the Directive in the national legislation was 6.02.2018.

The main changes of the Law 111/1996 deriving from the said transposition refer to:

(i)        Clearly mentioning the activities that lead to exposure to ionizing radiation;

(ii)       New security requirements that ensure the alignment of the Romanian security and health protection rules to the most recent scientifically acknowledged data in the sector;

(iii)      Definitions of three distinctive exposure situations namely: existing, planned, emergency exposure.

The Law 116/1996 contains provisions aimed to regulate, authorize and control the nuclear activities conducted exclusively for peaceful purposes and other activities that result in exposure to ionizing radiation, so as to meet the requirements for the nuclear safety, radiological safety, ionizing radiation protection of the professionally exposed staff, patients, environment, population and property, with minimum risks, in accordance with the regulations and with respect to the obligations resulting from international conventions and agreements to which Romania is a party.

The competent authority in the nuclear field is National Commission for the Control of Nuclear Activities, referred in the new law as CNCAN (in order to avoid any confusion with the European Commission), and it is a specialized institution of the central public administration with juridical personality, subordinated to the Government and coordinated by the Prime Minister through the General Secretariat of the Government.

Stratulat Albulescu - Attorneys at law