National Report of The Slovak Republic, september 2001

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3.1.2 Legislation Introduction

The legal structure of regulatory activities in the field of nuclear safety is made up of laws adopted prior to the establishment of the Slovak Republic and, on the other hand, of new laws enacted after the establishment of the independent state.

The legal system may be classified as follows:

  1. The supreme basic law of the state is the Constitution that is adopted by the parliament - it is of generally binding nature.
  2. Laws lay down principal rights and responsibilities specifying the principles in various areas; they are adopted by the parliament, and are of generally binding nature.
  3. Government ordinances are subordinated to laws, and are adopted by the government - they are of generally binding nature.
  4. Regulations and orders are rules issued by central state administration authorities (such as ministries or ÚJD) to set the details of the implementation of laws and government ordinances - they are of generally binding nature.
  5. Guides (handbooks) contain detailed requirements and recommended steps to secure meeting of requirements. They are issued by regulatory bodies and not mandatory.
  6. Internal standards (such as directives and orders) are internal organizational rules of regulatory bodies, and make up the basis for the internal quality assurance system. Legal regulations in the area of state regulatory activities

On 1 April, 1998, National Council of the Slovak Republic adopted Act No. 130/1998 Coll.LL. - Act on Peaceful Uses of Nuclear Energy (so-called Atomic Act). The Act has laid down conditions of safe uses of nuclear energy for exclusively peaceful purposes, in accordance with international agreements signed by the Slovak Republic. Also, it includes clauses setting financial compensation in cases of nuclear accidents. It sets the amount of Sk 2 bn as the limit of operator’s financial liability. In terms of the Atomic Act, nuclear installations mean facilities and premises that contain a nuclear reactor utilizing fission reaction, facilities and premises for the production, processing and storage of nuclear materials, facilities and premises for the storage (disposal) of spent nuclear fuel and for the processing, treatment, storage and deposition of RAW.

The Act came into force on 8 May 1998 and has been effective since 1 July 1998, replacing the previously applicable Act No. 28/1984 Coll. on state regulatory activities in the field of nuclear safety of nuclear installations. Some previously applicable decrees and regulations have remained applicable unless in contradiction with the law. Gradually, they are getting replaced by new regulations.

Act No. 347/1990 Coll. L.L. as amended, lays down tasks and responsibilities of central state administration authorities. Act No. 2/1993 Coll.LL. was one of the several amendments to Act No. 347/1990 Coll., laying down, a.o. the establishment of ÚJD.

Being one of the basic laws, Energy Act No. 70/1998 Coll.LL. regulates the conditions of doing business in the nuclear energy sector in the Slovak Republic, as well as the rights ad responsibilities of natural persons and legal entities doing business in this field.

Act No. 127/1994 Coll.LL. on environmental impact assessment orders comprehensive expert and public assessment of environmental impacts of selected constructions under preparation, including nuclear installations, and empowers Ministry of Environment of the Slovak Republic to review all suggestions for technical changes of nuclear installations that may have untoward environmental impacts.

Act No. 254/1994 Coll.LL. as amended and Regulation No. 14/1995 Coll.LL. established the State Fund for the Decommissioning of Nuclear Power Generating Installations and Treatment of Spent Nuclear Fuel and Radioactive Wastes. Treatment of spent nuclear fuel and radioactive waste means their transport, processing and disposal . The Fund that is an independent legal entity is managed by the Ministry of Economy . The Fund is financed from several sources, including contributions from nuclear power plant operators, banks, the State, and others.

Act No. 272/1994 Coll.LL. on the protection of Public Health, as amended and supplement by Act No.290/96 Coll.LL. and Act No.470/2000 settles general requirements for protecting health, state authorities their responsibilities, responsibilities of persons for health protection, requirements for the execution of state regulation and enforcement. Chapter on radiation protection establishes basic principles of radiation protection conditions and requirements for granting permissions for activities leading to irradiation and for activities important from the point of view of radiation protection and requirements for handling radiation sources and institutional radioactive wastes, responsibilities of license holders, conditions for releasing radioactive materials into the environment, requirements for radiation protection of the public and workers.

Regulation No. 12/2001 Coll.LL. on requirements for the securing of radiation protection laid down general requirements on health protection, health protection bodies, their scope of activities, responsibilities of individuals with respect to health protection, requirements with respect to the exercise of state regulatory activities in the health sector, and sanctions. In the section dealing with radiation protection, it sets basic principles of radiation protection, conditions and requirements for permits to perform activities resulting in irradiation and activities relevant from the aspect of radiation protection to be granted, basic requirements for treatment of radiation sources and institutional radioactive waste, responsibilities of permit holders, conditions for the introduction into the environment of radioactive substances, requirements for radiation protection of workers and population, including irradiation limits, details of optimization of radiation protection, requirements for the securing of radiation protection upon accidents and incidents.

Act No. 50/1976 Coll.L.L. on physical planning and rules of construction (so-called Construction Act) as amended, lays down the responsibility of the building authority to obtain, prior to granting location permit, building permit and commissioning decision concerning constructions containing nuclear installation, ÚJD´s position, the latter being allowed to make its approval conditional upon meeting specific conditions. Suggestions for legislative amendments

ÚJD works on the following drafts of regulations :

  • on periodic reviews of nuclear safety,
  • on requirements for securing nuclear safety upon designing nuclear installations,
  • on requirements for securing nuclear safety upon commissioning and operating nuclear installations,
  • on requirements for nuclear safety of nuclear installations upon their location,
  • on safety related documentation of nuclear installations,
  • on quality assurance of nuclear installations 

which have been sent to entities for informal commenting. A list of regulations adopted (since 1998) is in Annex No. 6.2

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