National Report of the Slovak Republic - Radiation and Nuclear Safety , September 1998

3.1.2 Legislation

  1. Introduction
  2. The legal structure of the nuclear safety supervision system is set up by acts adopted before the establishment of the Slovak Republic as well as by new acts passed since the establishment of the independent State.

    The legal system may be classified as follows:

    1. Constitution represents the top basic State law; it is passed by the Parliament and is of generally binding nature.
    2. Acts lay down the principal rights and obligations which specify the principles in the various fields; they are passed by the Parliament, and are of generally binding nature.
    3. Government ordinances are subject to acts, and are passed by the government; they are of generally binding nature.
    4. Decrees and regulations are rules issued by central authorities of State administration (such as ministries) to regulate details for the implementation of acts and government ordinances; they are of generally binding nature.
    5. Guidelines contain detailed requirements and recommended steps to provide for the meeting of the respective requirements. They are issued by supervisory bodies.
    6. Internal standards (such as guidelines and orders) are organization rules of the supervisory body, and they provide the basis for internal quality assurance system.

  3. Acts in the Field of State Supervision
  4. National Council of the Slovak Republic passed, on April 1, 1998, act No. 130/1998 Coll.ll., On Peaceful Use of Nuclear Energy (so-called Atomic Act). The act sets forth criteria for safe use of nuclear energy exclusively for peaceful purposes, in accordance with international agreements signed by the Slovak Republic. It also contains provisions setting financial compensations for nuclear accidents. It mainly envisages the amount of SDR 50 M as the limit of financial responsibility of any operator. Under the Nuclear Act, nuclear facilities are plants and buildings a part of which is a nuclear reactor utilizing fission reaction, plants and premises for manufacturing, processing and storage of nuclear materials, plants and premises for storage of spent nuclear fuel, and for processing, treatment and storage of radioactive waste.

    The act came into force on May 8, 1998 and became effective as of July 1, 1998, and superseded the previously applicable act No. 28/1984 Coll. On State Supervision of Nuclear Safety of Nuclear Installations. Some decrees and regulations mentioned under Section 3.1.3 remain valid unless in contradiction with the valid act. Gradually, they will be replaced by new decrees.

    Act No. 347/1990 Coll., as amended from time to time sets tasks and responsibilities of central bodies of State administration. Act No. 2/1993 Coll.ll. was one of several amendments to act No. 347/1990 Coll., which - among others, set forth the establishment of the ÚJD.

    Energy Act No. 70/1998 Coll.ll., as one of the principal acts regulates the criteria of doing business in nuclear energy sector in the Slovak Republic, as well as rights and obligations of natural persons and legal persons doing business in the area.

    Act of National Council of the Slovak Republic No. 127/1994 Coll.ll. sets forth comprehensive expert and public review of the environmental impacts of selected constructions under preparation including nuclear installations, and appoints Ministry of Environment to assess all suggestions for technical amendments to nuclear installations which potentially have untoward effects on the environment.

    Act of National Council of the Slovak Republic No. 254/1994 Coll.ll. and Decree No. 14/1995 Coll.ll. have established State Fund for Decommissioning of Nuclear Power Installations and Handling of Spent Nuclear Fuel and Radioactive Wastes. The handling of spent nuclear fuel and radioactive wastes means their transport, storage, processing and final disposal. The Fund is an independent legal entity and reports to the Ministry of Economy. The Fund is financed from several sources, including contributions from operators of nuclear power plants, banks and State, and others.

    Act of National Council of the Slovak Republic No. 290/1996 Coll.ll. amending and supplementing the Act of the NationaL Council of the Slovak Republic No.272/1994 Coll.ll. On the Protection of People s Health in the wording of Act of National Council of the Slovak Republic No. 222/1996 Coll.ll., and on the amendment of and supplements to some other Acts, are based on ICRP Recommendations 60 of 1990 and the International Basic Safety Standards of 1996.

    Act of National Council of the Slovak Republic No. 272/1994 Coll.ll. On the Protection of People s Health, and act of National Council of the Slovak Republic No. 290/I996 Coll.ll. established:

    Act No. 50/1976 Coll. On Space Planning and Rules of Construction (so-called Building Act) as amended from time to time, sets forth that the Building Authority shall be liable to obtain, prior to issuing a decision on the location of building, construction permit or decision on a nuclear installation, commissioning permission of Nuclear Authority; the latter may bind its permission to meeting of specified conditions.

  5. Legislation Amendment Drafts

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