440 tal-2007 - Regolamenti tal-2008 dwar il-Konvenzjoni fuq is-Sigurtà Nukleari

L.N. 440 of 2007

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Convention on Nuclear Safety Regulations, 2008

(1) The title of these regulations is the Convention on Nuclear Citation

commencement.

Safety Regulations, 2008.

(2) These regulations shall come into force on the 1 st of

January, 2008.

In these regulations, unless the context otherwise requires - Interpretation.

(Regulation 5)

Convention on Nuclear Safety

Preamble

THE CONTRACTING PARTIES

i.

Aware of the importance to the international community of ensuring that the use

of nuclear energy is safe, well regulated and environmentally sound;

ii.

Reaffirming the necessity of continuing to promote a high level of nuclear safety

worldwide;

iii.

Reaffirming that responsibility for nuclear safety rests with the State having

jurisdiction over a nuclear installation;

iv.

Desiring to promote an effective nuclear safety culture;

v.

Aware that accidents at nuclear installations have the potential for transboundary

impacts;

vi.

Keeping in mind the Convention on the Physical Protection of Nuclear Material

(1979), the Convention on Early Notification of a Nuclear Accident (1986), and the

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

(1986);

vii.

Affirming the importance of international co-operation for the enhancement of

nuclear safety through existing bilateral and multilateral mechanisms and the

establishment of this incentive Convention;

viii. Recognizing that this Convention entails a commitment to the application of

fundamental safety principles for nuclear installations rather than of detailed safety

standards and that there are internationally formulated safety guidelines which are

updated from time to time and so can provide guidance on contemporary means of

achieving a high level of safety;

ix.

Affirming the need to begin promptly the development of an international

convention on the safety of radioactive waste management as soon as the ongoing

process to develop waste management safety fundamentals has resulted in broad

international agreement;

x.

Recognizing the usefulness of further technical work in connection with the safety

of other parts of the nuclear fuel cycle, and that this work may, in time, facilitate the

development of current or future international instruments;

HAVE AGREED as follows

CHAPTER 1. OBJECTIVES, DEFINITIONS AND SCOPE OF APPLICATION

ARTICLE 1. OBJECTIVES

The objectives of this Convention are

i.

to achieve and maintain a high level of nuclear safety worldwide through the

enhancement of national measures and international co-operation including, where

appropriate, safety-related technical co-operation;

ii.

to establish and maintain effective defences in nuclear installations against

potential radiological hazards in order to protect individuals, society and the environment

from harmful effects of ionizing radiation from such installations;

iii.

to prevent accidents with radiological consequences and to mitigate such

consequences should they occur.

ARTICLE 2. DEFINITIONS

For the purpose of this Convention

i.

"nuclear installation" means for each Contracting Party any land-based civil

nuclear power plant under its jurisdiction including such storage, handling and treatment

facilities for radioactive materials as are on the same site and are directly related to the

operation of the nuclear power plant. Such a plant ceases to be a nuclear installation when

all nuclear fuel elements have been removed permanently from the reactor core and have

been stored safely in accordance with approved procedures, and a decommissioning

programme has been agreed to by the regulatory body.

ii.

"regulatory body" means for each Contracting Party any body or bodies given the

legal authority by that Contracting Party to grant licences and to regulate the siting,

design, construction, commissioning, operation or decommissioning of nuclear

installations.

iii.

"licence" means any authorization granted by the regulatory body to the applicant

to have the responsibility for the siting, design, construction, commissioning, operation or

decommissioning of a nuclear installation.

ARTICLE 3. SCOPE OF APPLICATION

This Convention shall apply to the safety of nuclear installations.

CHAPTER 2. OBLIGATIONS

a.

General Provisions

ARTICLE 4. IMPLEMENTING MEASURES

Each Contracting Party shall take, within the framework of its national law, the

legislative, regulatory and administrative measures and other steps necessary for

implementing its obligations under this Convention.

ARTICLE 5. REPORTING

Each Contracting Party shall submit for review, prior to each meeting referred to in

Article 20, a report on the measures it has taken to implement each of the obligations of

this Convention

ARTICLE 6. EXISTING NUCLEAR INSTALLATIONS

Each Contracting Party shall take the appropriate steps to ensure that the safety of nuclear

installations existing at the time the Convention enters into force for that Contracting

Party is reviewed as soon as possible. When necessary in the context of this Convention,

the Contracting Party shall ensure that all reasonably practicable improvements are made

as a matter of urgency to upgrade the safety of the nuclear installation. If such upgrading

cannot be achieved, plans should be implemented to shut down the nuclear installation as

soon as practically possible. The timing of the shut-down may take into account the

whole energy context and possible alternatives as well as the social, environmental and

economic impact.

b.

Legislation and regulation

ARTICLE 7. LEGISLATIVE AND REGULATORY FRAMEWORK

1. Each Contracting Party shall establish and maintain a legislative and regulatory

framework to govern the safety of nuclear installations.

2. The legislative and regulatory framework shall provide for

i.

the establishment of applicable national safety requirements and

regulations;

ii.

a system of licensing with regard to nuclear installations and the

prohibition of the operation of a nuclear installation without a licence

iii.

a system of regulatory inspection and assessment of nuclear installations

to ascertain compliance with applicable regulations and the terms of

licences;

iv.

the enforcement of applicable regulations and of the terms of licences,

including suspension, modification or revocation.

ARTICLE 8. REGULATORY BODY

1. Each Contracting Party shall establish or designate a regulatory body entrusted

with the implementation of the legislative and regulatory framework referred to

in Article 7, and provided with adequate authority, competence and financial

and human resources to fulfil its assigned responsibilities.

2. Each Contracting Party shall take the appropriate steps to ensure an effective

separation between the functions of the regulatory body and those of any other

body or organization concerned with the promotion or utilization of nuclear

energy.

ARTICLE 9. RESPONSIBILITY OF THE LICENCE HOLDER

Each Contracting Party shall ensure that prime responsibility for the safety of a nuclear

installation rests with the holder of the relevant licence and shall take the appropriate

steps to ensure that each such licence holder meets its responsibility.

General Safety Considerations

ARTICLE 10. PRIORITY TO SAFETY

Each Contracting Party shall take the appropriate steps to ensure that all organizations

engaged in activities directly related to nuclear installations shall establish policies that

give due priority to nuclear safety.

ARTICLE 11. FINANCIAL AND HUMAN RESOURCES

1. Each Contracting Party shall take the appropriate steps to ensure that adequate

financial resources are available to support the safety of each nuclear installation

throughout its life.

2. Each Contracting Party shall take the appropriate steps to ensure that sufficient

numbers of qualified staff with appropriate education, training and retraining are

available for all safety-related activities in or for each nuclear installation,

throughout its life.

ARTICLE 12. HUMAN FACTORS

Each Contracting Party shall take the appropriate steps to ensure that the capabilities and

limitations of human performance are taken into account throughout the life of a nuclear

installation.

ARTICLE 13. QUALITY ASSURANCE

Each Contracting Party shall take the appropriate steps to ensure that quality assurance

programmes are established and implemented with a view to providing confidence that

specified requirements for all activities important to nuclear safety are satisfied

throughout the life of a nuclear installation.

ARTICLE 14. ASSESSMENT AND VERIFICATION OF SAFETY

Each Contracting Party shall take the appropriate steps to ensure that

comprehensive and systematic safety assessments are carried out before the

construction and commissioning of a nuclear installation and throughout its life.

Such assessments shall be well documented, subsequently updated in the light of

operating experience and significant new safety information, and reviewed under

the authority of the regulatory body;

verification by analysis, surveillance, testing and inspection is carried out to

ensure that the physical state and the operation of a nuclear installation continue

to be in accordance with its design, applicable national safety requirements, and

operational limits and conditions.

ARTICLE 15. RADIATION PROTECTION

Each Contracting Party shall take the appropriate steps to ensure that in all operational

states the radiation exposure to the workers and the public caused by a nuclear

installation shall be kept as low as reasonably achievable and that no individual shall be

exposed to radiation doses which exceed prescribed national dose limits.

ARTICLE 16. EMERGENCY PREPAREDNESS

1. Each Contracting Party shall take the appropriate steps to ensure that there are on-

site and off-site emergency plans that are routinely tested for nuclear installations

and cover the activities to be carried out in the event of an emergency.

For any new nuclear installation, such plans shall be prepared and tested before it

commences operation above a low power level agreed by the regulatory body.

2. Each Contracting Party shall take the appropriate steps to ensure that, insofar as

they are likely to be affected by a radiological emergency, its own population and

the competent authorities of the States in the vicinity of the nuclear installation

are provided with appropriate information for emergency planning and response.

3. Contracting Parties which do not have a nuclear installation on their territory,

insofar as they are likely to be affected in the event of a radiological emergency at

a nuclear installation in the vicinity, shall take the appropriate steps for the

preparation and testing of emergency plans for their territory that cover the

activities to be carried out in the event of such an emergency.

Safety of Installations

ARTICLE 17. SITING

Each Contracting Party shall take the appropriate steps to ensure that appropriate

procedures are established and implemented

for evaluating all relevant site-related factors likely to affect the safety of a

nuclear installation for its projected lifetime;

for evaluating the likely safety impact of a proposed nuclear installation on

individuals, society and the environment;

for re-evaluating as necessary all relevant factors referred to in sub-paragraphs (i)

and (ii) so as to ensure the continued safety acceptability of the nuclear

installation;

for consulting Contracting Parties in the vicinity of a proposed nuclear

installation, insofar as they are likely to be affected by that installation and, upon

request providing the necessary information to such Contracting Parties, in order

to enable them to evaluate and make their own assessment of the likely safety

impact on their own territory of the nuclear installation.

ARTICLE 18. DESIGN AND CONSTRUCTION

Each Contracting Party shall take the appropriate steps to ensure that

the design and construction of a nuclear installation provides for several reliable

levels and methods of protection (defense in depth) against the release of

radioactive materials, with a view to preventing the occurrence of accidents and to

mitigating their radiological consequences should they occur;

the technologies incorporated in the design and construction of a nuclear

installation are proven by experience or qualified by testing or analysis;

the design of a nuclear installation allows for reliable, stable and easily

manageable operation, with specific consideration of human factors and the man-

machine interface.

ARTICLE 19. OPERATION

Each Contracting Party shall take the appropriate steps to ensure that

the initial authorization to operate a nuclear installation is based upon an

appropriate safety analysis and a commissioning programme demonstrating that

the installation, as constructed, is consistent with design and safety requirements;

operational limits and conditions derived from the safety analysis, tests and

operational experience are defined and revised as necessary for identifying safe

boundaries for operation;

operation, maintenance, inspection and testing of a nuclear installation are

conducted in accordance with approved procedures;

procedures are established for responding to anticipated operational occurrences

and to accidents;

necessary engineering and technical support in all safety-related fields is available

throughout the lifetime of a nuclear installation;

incidents significant to safety are reported in a timely manner by the holder of the

relevant licence to the regulatory body;

programmes to collect and analyse operating experience are established, the

results obtained and the conclusions drawn are acted upon and that existing

mechanisms are used to share important experience with international bodies and

with other operating organizations and regulatory bodies;

the generation of radioactive waste resulting from the operation of a nuclear

installation is kept to the minimum practicable for the process concerned, both in

activity and in volume, and any necessary treatment and storage of spent fuel and

waste directly related to the operation and on the same site as that of the nuclear

installation take into consideration conditioning and disposal.

CHAPTER 3. MEETINGS OF THE CONTRACTING PARTIES

ARTICLE 20. REVIEW MEETINGS

1. The Contracting Parties shall hold meetings (hereinafter referred to as "review

meetings") for the purpose of reviewing the reports submitted pursuant to Article

5 in accordance with the procedures adopted under Article 22.

2. Subject to the provisions of Article 24 sub-groups comprised of representatives of

Contracting Parties may be established and may function during the review

meetings as deemed necessary for the purpose of reviewing specific subjects

contained in the reports.

3. Each Contracting Party shall have a reasonable opportunity to discuss the reports

submitted by other Contracting Parties and to seek clarification of such reports.

ARTICLE 21. TIMETABLE

1. A preparatory meeting of the Contracting Parties shall be held not later than six

months after the date of entry into force of this Convention.

2. At this preparatory meeting, the Contracting Parties shall determine the date for

the first review meeting. This review meeting shall be held as soon as possible,

but not later than thirty months after the date of entry into force of this

Convention.

3. At each review meeting, the Contracting Parties shall determine the date for the

next such meeting. The interval between review meetings shall not exceed three

years.

ARTICLE 22. PROCEDURAL ARRANGEMENTS

1. At the preparatory meeting held pursuant to Article 21 the Contracting Parties

shall prepare and adopt by consensus Rules of Procedure and Financial Rules.

The Contracting Parties shall establish in particular and in accordance with the

Rules of Procedure

i.

guidelines regarding the form and structure of the reports to be submitted

pursuant to Article 5;

ii.

a date for the submission of such reports;

iii.

the process for reviewing such reports.

2. At review meetings the Contracting Parties may, if necessary, review the

arrangements established pursuant to sub-paragraphs (i)-(iii) above, and adopt

revisions by consensus unless otherwise provided for in the Rules of Procedure.

They may also amend the Rules of Procedure and the Financial Rules, by

consensus.

ARTICLE 23. EXTRAORDINARY MEETINGS

An extraordinary meeting of the Contracting Parties shall be held

if so agreed by a majority of the Contracting Parties present and voting at a

meeting, abstentions being considered as voting; or

at the written request of a Contracting Party, within six months of this request

having been communicated to the Contracting Parties and notification having

been received by the secretariat referred to in Article 28, that the request has been

supported by a majority of the Contracting Parties.

ARTICLE 24. ATTENDANCE

1. Each Contracting Party shall attend meetings of the Contracting Parties and be

represented at such meetings by one delegate, and by such alternates, experts and

advisers as it deems necessary.

2. The Contracting Parties may invite, by consensus, any intergovernmental

organization which is competent in respect of matters governed by this

Convention to attend, as an observer, any meeting, or specific sessions thereof.

Observers shall be required to accept in writing, and in advance, the provisions of

Article 27.

ARTICLE 25. SUMMARY REPORTS

The Contracting Parties shall adopt, by consensus, and make available to the public a

document addressing issues discussed and conclusions reached during a meeting.

ARTICLE 26. LANGUAGES

1. The languages of meetings of the Contracting Parties shall be Arabic, Chinese,

English, French, Russian and Spanish unless otherwise provided in the Rules of

Procedure.

2. Reports submitted pursuant to Article 5 shall be prepared in the national language

of the submitting Contracting Party or in a single designated language to be

agreed in the Rules of Procedure. Should the report be submitted in a national

language other than the designated language, a translation of the report into the

designated language shall be provided by the Contracting Party.

3. Notwithstanding the provisions of paragraph 2, if compensated, the secretariat

will assume the translation into the designated language of reports submitted in

any other language of the meeting.

ARTICLE 27. CONFIDENTIALITY

1. The provisions of this Convention shall not affect the rights and obligations of the

Contracting Parties under their law to protect information from disclosure. For the

purposes of this Article, "information" includes, inter alia, (i) personal data; (ii)

information protected by intellectual property rights or by industrial or

commercial confidentiality; and (iii) information relating to national security or to

the physical protection of nuclear materials or nuclear installations.

2. When, in the context of this Convention, a Contracting Party provides information

identified by it as protected as described in paragraph 1, such information shall be

used only for the purposes for which it has been provided and its confidentiality

shall be respected.

3. The content of the debates during the reviewing of the reports by the Contracting

Parties at each meeting shall be confidential.

ARTICLE 28. SECRETARIAT

1. The International Atomic Energy Agency, (hereinafter referred to as the

"Agency") shall provide the secretariat for the meetings of the Contracting

Parties.

2. The secretariat shall

i.

convene, prepare and service the meetings of the Contracting Parties;

ii.

transmit to the Contracting Parties information received or prepared in

accordance with the provisions of this Convention.

The costs incurred by the Agency in carrying out the functions referred to

in sub-paragraphs i) and (ii) above shall be borne by the Agency as part of

its regular budget.

3. The Contracting Parties may, by consensus, request the Agency to provide other

services in support of meetings of the Contracting Parties. The Agency may

provide such services if they can be undertaken within its programme and regular

budget. Should this not be possible, the Agency may provide such services if

voluntary funding is provided from another source.

CHAPTER 4. FINAL CLAUSES AND OTHER PROVISIONS

ARTICLE 29. RESOLUTION OF DISAGREEMENTS

In the event of a disagreement between two or more Contracting Parties concerning the

interpretation or application of this Convention, the Contracting Parties shall consult

within the framework of a meeting of the Contracting Parties with a view to resolving the

disagreement.

ARTICLE 30.

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL,

ACCESSION

1. This Convention shall be open for signature by all States at the Headquarters of

the Agency in Vienna from 20 September 1994 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by the signatory

States.

3. After its entry into force, this Convention shall be open for accession by all States.

4. This Convention shall be open for signature or accession by regional

organizations of an integration or other nature, provided that any such

organization is constituted by sovereign States and has competence in

respect of the negotiation, conclusion and application of international

agreements in matters covered by this Convention.

In matters within their competence, such organizations shall, on their own

behalf, exercise the rights and fulfil the responsibilities which this

Convention attributes to States Parties

When becoming party to this Convention, such an organization shall

communicate to the Depositary referred to in Article 34, a declaration

indicating which States are members thereof, which articles of this

Convention apply to it, and the extent of its competence in the field

covered by those articles.

Such an organization shall not hold any vote additional to those of its

Member States.

5. Instruments of ratification, acceptance, approval or accession shall be deposited

with the Depositary.

ARTICLE 31. ENTRY INTO FORCE

1. This Convention shall enter into force on the ninetieth day after the date of

deposit with the Depositary of the twenty-second instrument of ratification,

acceptance or approval, including the instruments of seventeen States, each

having at least one nuclear installation which has achieved criticality in a reactor

core.

2. For each State or regional organization of an integration of other nature which

ratifies, accepts, approves or accedes to this Convention after the date of deposit

of the last instrument required to satisfy the conditions set forth in paragraph 1,

this Convention shall enter into force on the ninetieth day after the date of deposit

with the Depositary of the appropriate instrument by such a State or organization.

ARTICLE 32. AMENDMENTS TO THE CONVENTION

1. Any Contracting party may propose an amendment to this Convention. Proposed

amendments shall be considered at a review meeting or an extraordinary meeting.

2. The text of any proposed amendment and the reasons for it shall be provided to

the Depositary who shall communicate the proposal to the Contracting Parties

promptly and at least ninety days before the meeting for which it is submitted for

consideration. Any comments received on such a proposal shall be circulated by

the Depositary to the Contracting Parties.

3. The Contracting Parties shall decide after consideration of the proposed

amendment whether to adopt it by consensus, or, in the absence of consensus, to

submit it to a Diplomatic Conference. A decision to submit a proposed

amendment to a Diplomatic Conference shall require a two-thirds majority vote of

the Contracting parties present and voting at the meeting, provided that at least

one half of the Contracting Parties are present at the time of voting. Abstentions

shall be considered as voting.

4. The Diplomatic Conference to consider and adopt amendments to this Convention

shall be convened by the Depositary and held no later than one year after the

appropriate decision taken in accordance with paragraph 3 of this Article. The

Diplomatic Conference shall make every effort to ensure amendments are adopted

by consensus. Should this not be possible, amendments shall be adopted with a

two-thirds majority of all Contracting Parties.

5. Amendments to this Convention adopted pursuant to paragraphs 3 and 4 above

shall be subject to ratification, acceptance, approval, or confirmation by the

Contracting Parties and shall enter into force for those Contracting Parties which

have ratified, accepted, approved or confirmed them on the ninetieth day after the

receipt by the Depositary of the relevant instruments by at least three fourths of

the Contracting Parties. For a Contracting Party which subsequently ratifies,

accepts, approves or confirms the said amendments, the amendments will enter

into force on the ninetieth day after that Contracting Party has deposited its

relevant instrument.

ARTICLE 33. DENUNCIATION

1. Any Contracting Party may denounce this Convention by written notification to

the Depositary.

2. Denunciation shall take effect one year following the date of the receipt of the

notification by the Depositary, or on such later date as may be specified in the

notification.

ARTICLE 34. DEPOSITARY

1. The Director General of the Agency shall be the Depositary of this Convention.

2. The Depositary shall inform the Contracting Parties of

i.

the signature of this Convention and of the deposit of instruments of

ratification, acceptance, approval or accession, in accordance with Article

30;

ii.

the date on which the Convention enters into force, in accordance with

Article 31;

iii.

the notifications of denunciation of the Convention and the date thereof,

made in accordance with Article 33;

iv.

the proposed amendments to this Convention submitted by Contracting

Parties, the amendments adopted by the relevant Diplomatic Conference

or by the meeting of the Contracting Parties, and the date of entry into

force of the said amendments, in accordance with Article 32.

ARTICLE 35. AUTHENTIC TEXTS

The original of this Convention of which the Arabic, Chinese, English, French, Russian

and Spanish texts are equally authentic, shall be deposited with the Depositary, who shall

send certified copies thereof to the Contracting Parties.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.64 (€1.49)

“the Agency” means the International Atomic Energy Agency<

“the Convention” means the Convention on Nuclear Safety<

“Radiation Protection Board” means the Radiation Protection

Board established by virtue of regulation 9 of the Nuclear Safety

L.N. 44 of 2003.

and Radiation Protection Regulations, 2003.

The Radiation Protection Board shall be the competent Responsible bodies.

authority responsible for the implementation of the obligations arising

out of the Convention, and it has all such powers as are necessary to

fulfil such obligations.

No person shall, in connection with any matter under these Obligation to

furnish correct

regulations>–

information.

(a) furnish any information which that person knows to be

false in a material particular, or recklessly furnishes any information

which is false in a material particular< or

(b) with the intention to deceive, produce, furnish, send or

otherwise make use of any document which is false in a material

particular< or

(c) wilfully refuse or without lawful excuse, the proof

whereof shall lie on that person, withhold any material information<

or

(d) knowingly or recklessly make any incorrect statement

or entry in any record or return or on any document furnished

under these regulations< or

(e) unlawfully refuse or fail to answer to the best of that

person’s knowledge any question made to him or her by a Radiation

Protection Board representative in the exercise of his function< or

(f) unlawfully refuse or fail to comply with any requirement

duly provided under these regulations.

The Schedule to these regulations shall have the force of

law in Malta.

(1) Any person who acts in contravention of the provisions

of regulations 4 and 5, and any person who conspires or attempts, or

aids, abets, counsels or procures any other person, to contravene the

regulations aforementioned, shall be guilty of an offence.

(2) Any person who commits an offence against these

regulations shall, on conviction, be liable to imprisonment for a period

of not more than five years or to a fine (multa) not exceeding fifty

thousand liri, or to both such fine and imprisonment.

The Court of Magistrates (Malta) and the Court of Magistrates

(Gozo) as courts of criminal judicature shall, notwithstanding the

provisions of article 370 of the Criminal Code, be competent to try all

offences against these regulations.

Where the facts constituting a breach of any of the above

provisions also constitute a breach of any other law prohibited by the

particular regulations, proceedings shall not be taken in respect of the

breach of these regulations, but only in respect of the breach of the

other law.

The text of the Convention is being published in the English

Text of Convention.

language in the Schedule to these regulations.