Regulations, 2017

L.N. 214 of 2017

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Convention on Nuclear Safety Regulations (Amendment)

Regulations, 2017

IN EXERCISE of the powers conferred by article 3 of the

National Interest (Enabling Powers) Act, the Prime Minister has

made the following regulations:-

(1)

The title of these regulations is the Convention on

Nuclear Safety Regulations (Amendment) Regulations, 2017 and

these regulations shall be read and construed as one with the

Convention on Nuclear Safety Regulations, hereinafter referred to as

the "principal regulations".

(2) These regulations shall come into force on the 15th

August, 2017.

(3) These regulations implement the amendments of Council

Directive 2014/87/Euratom to Council Directive 2009/71/Euratom

establishing a Community framework for the safety of nuclear

installations.

Immediately before the definition "the Agency" in

regulation 2 of the principal regulations there shall be added the

following new definition

" "accident" means any unintended event, the

consequences or potential consequences of which are significant

from the point of view of radiation protection or nuclear

safety;".

Regulation 3 of the principal regulations shall be substituted by

the following

3. (1)

The Board shall be responsible for

the national framework for nuclear safety of nuclear

installations to the extent that they can have an effect

on Malta.

(2) In the absence of any nuclear facilities in

Malta the national framework for nuclear safety shall

provide for the allocation of responsibilities and

coordination of any aspects of nuclear safety, as it

may affect Malta from an accident in an overseas

nuclear facility

Provided that the Maltese national

framework shall primarily include having appropriate

national plans for

(a)

emergency response; and

(b)

additional

environmental

monitoring is in place;

to respond to an overseas accident at a

nuclear facility that could affect Malta.

(3) The Board shall have the following

functions with regard to national framework for

nuclear safety of nuclear installations

(a)

tender advice to the Prime Minister

on

(i) any recommendations with

regard to the national framework;

(ii) the need that Board to be able

to make decisions without undue

interference;

(iii) budget required by the Board

to fulfil the obligations under these

regulations;

(iv) Board staffing levels

(b)

adopt and keep under review

national legislation and framework for nuclear

safety including in particular emergency

response and environmental monitoring

procedures;

(c)

assess the need for training of

regulatory staff of the Board and any other

persons involved in Maltese radiological

emergency response;

(d)

make

available

to

the

members of the public information on how

nuclear safety issues effect Malta without

needing to obtain clearance from any other body

or organisation;

(e)

provide any such reports as are

required by Council Directive 2009/71/Euratom

establishing a Community framework for the

safety of nuclear installations;

(f)

perform self-assessments of the

national framework at least once every ten years

and invite international peer review of the

national framework;

(g)

to represent Malta at the meetings

made in connection with the Convention

Provided that the provisions of sub-

regulation (3) are to be construed as part of the

Nuclear Safety and Radiation Protection Regulations.

(4) The Board in its regulatory role shall act

independently and autonomously, free from the

direction or control of any person or authority

Provided that it shall be the Prime

Minister’s function to ensure that the Board is fully

informed of Government policies relative to nuclear

safety and to monitor the proper execution of such

policies and the Board shall be under the general

direction and control of the Prime Minister

Provided further that the Prime Minister

may, in relation to matters that appear to him to affect

the public interest, from time to time give to the

Board directions in writing of a general character not

inconsistent with the provisions of these regulations.

(5) The Board in its functions, as far as is

practicable, shall conduct its affairs such that

expenditure required for the proper performance of

same mentioned functions, be met out of its revenue.

The Board shall levy all fees, charges and other

payments prescribed or deemed to be prescribed by

any law providing for matters falling under its

respective powers and functions.

(6) The Board shall also be paid by the

Government out of the Consolidated Fund such sums

as the House of Representatives, hereinafter referred

to as the "House", may from time to time authorise to

be appropriated to meet any of its expenditure that

cannot be met out of its revenue and the costs of

specified works to be continued or otherwise carried

out by it, being works of infrastructure or of a similar

capital nature.

(7) Any excess of revenue over expenditure

shall, subject to such directives as the Prime Minister,

after consultation with the Minister responsible for

Finance, may from time to time give, be applied by

the Board to the formation of reserve funds to be used

for its purposes and without prejudice to the

generality of the powers given to the Prime Minister

by this sub-regulation, any directive given by the

Prime Minister as aforesaid may order the transfer to

the Government, or the application in such manner as

may be specified in the direction, of any part of the

fees, charges and other payments levied. Any funds of

the Board not immediately required to meet

expenditure may be invested in such manner as may

from time to time be approved by the Prime Minister.

(8) The Board may engage such consultants or

advisers as it may consider necessary to assist it in the

fulfilment of its functions.

(9) Where a public officer or an employee of

the Board, or a consultant, an advisor or any other

person engaged by the Board, has any interest in, or

material to, any matter which falls to be considered by

the Board, he shall

(a)

disclose to the Board the nature of

his interest at the first meeting of the Board after

such interest is acquired or in advance of any

consideration of the matter, whichever is the

earlier;

(b)

neither influence nor seek to

influence a decision in relation to such matter;

and

(c)

take no part in any consideration of

such matter

Provided that where a question arises as to

whether or not a course of conduct, if pursued by a

person, would constitute failure by him to comply

with the requirements of this sub-regulation, the

question shall be determined by the Board and the

decision and its motivation shall be recorded in the

minutes of the meeting during which the decision was

taken

Provided further that where a disclosure is

made to the Board pursuant to sub-regulation (9),

particulars of the disclosure shall be recorded in the

minutes of the relative meeting

Provided further that where a person to

whom sub-regulation (9) applies fails to make the

required disclosure, the Board shall decide the

appropriate action to be taken which may include the

removal from office of the same mentioned officer. ".

€0.18